I adhere to my views heretofore expressed and therefore concur.

In this ease the facts and questions of law are substantially the same as those presented to this court in the ease of State v. Henry Ricks and Edward Levine, ante, p. 122, 201 Pac. 827. Upon the authority of that case, the judgment of conviction herein is affirmed.

concurs in the conclusions reached, for reasons given in the case of State v. Ricks and Levine, supra.

ON PETITION FOR REHEARING.

The questions raised by the petition for rehearing in this ease are the same as those raised by the petition for rehearing in the ease of State v. Henry Ricks and Edward Levine, ante, p. 122, 201 Pac. 827. Upon the authority of that decision, the petition for rehearing, of the above-named appellants and each of them, is denied.