This case involves the same legal points as those in State v.Ikeda, ante, p. 41, 143 P.2d 880, just decided, and is controlled by the decision in that case.

Judgment affirmed.

ROSS and STANFORD, JJ., and WM. G. HALL, Superior Judge, concur.

Note: Because of the illness of Chief Justice McALISTER, the Honorable WM. G. HALL, Judge of the Superior Court of Pima County, was called in to sit in his place and stead. *Page 52