#### People of the State of Illinois, Plaintiff in Error, v. James D. Flynn, Defendant in Error.

Gen. No. 9,222.

(Abstract of Decision.)

Heard in this court at October term, 1939;

opinion filed April 15, 1940;

rehearing denied June 13, 1940.

John E. Cassidy, Attorney General, for plaintiff in error; A. B. Dennis, Assistant Attorney General, Fred B. Hamill, State’s Attorney, and C. H. Swick, Assistant State’s Attorney of counsel; Albert Tuxhorn and James L. Capel, for defendant in error.

Opinion by Justice Fulton.

‘ ‘Not to be published in full.”