The appeal in this case was submitted for determination with the appeal in the case of State v. Burris, ante, p. 199, 202 Pac. 407, upon agreement of counsel that, because of the similarity of facts in the two cases, the decision in that case should govern here.

For the reasons given in the Burris case, the judgment of the lower court is therefore affirmed.

ROSS, C. J., and McALISTER, J., concur.