The appeal in this case involves the same issues as those in State v. Hernandez, 154 Conn. 698, 229 A.2d 30. The parties have stipulated that the decision therein would be controlling in this case.

*702There is error, the judgments of the trial court and the Appellate Division are set aside and the ease is remanded to he proceeded with according to law.

In this opinion the other judges concurred.