delivered the opinion of the court.

It is agreed between the attorneys for plaintiff in error and the Attorney General that the information, assignments of error, and issues presented in this case, are in substantial effect the same as those involved in Papas v. People, 98 Colo. 306, 55 P. (2d) 1330, decided by this court February 10, 1936.

On the authority of that case, and for the reasons therein stated, the judgment in this case is affirmed.

Me. Justice Hilliabd and Me. Justice Holland, dissent.