#### People of the State of Illinois, Defendant in Error, v. Rolston Smith, Plaintiff in Error.

Heard in this court at May term, 1942;

opinion filed June 27, 1942;

rehearing denied September 9, 1942.

Earns & Bandy, for plaintiff in error; George P. Barrett, Attorney General, Louis P. Zerweck, State’s Attorney, B. V. Gustin and Pred J. Bier, Assistant State’s Attorneys, for defendant in error.

Opinion by

Justice Dady.

“Not to be published in full.”