This is an appeal from a judgment of dismissal entered upon the sustaining of a demurrer to the complaint. The questions presented by the appeal are in all respects the same as those considered by this court in the case of People v. Burkett et al., ante, p. 349 [242 Pac. 1073]. For the reasons stated in that opinion the judgment is reversed and the trial court is directed to overrule the demurrer.