delivered the opinion of the Court, Temple, J., Wallace, J., and Crockett, J., concurring.

Upon the authority of People v. Doss (No. 2,170), decided at the present term, judgment reversed and cause remanded, with directions to overrule the demurrer.

By Sprague, J.:

This case is not distinguishable from People v. Doss (No. 2,170), and for the reasons assigned in my dissenting opinion in that case, this appeal should, in my judgment, be dismissed.