#### People of the State of Illinois, Defendant in Error, v. Wayne Harshbarger, Plaintiff in Error.

Gen. No. 9,513.

*635Heard in this court at February term, 1940;

opinion filed May 15, 1940

rehearing denied June 18, 1940.

C. C. Craig and I. N. Herreid, for plaintiff in error;

R. Craig Miller, of counsel.

Eugene D. Hardy, State’s Attorney, and Gale Mathers, Assistant State’s Attorney, for defendant in error.

Opinion by

Justice Dove.

“Not to be published, in full.”