— The questions involved in the foregoing case are substantially the same as those determined in the case of State v. Dingham, ante, p. 253, 219 Pac. 760, both of said cases being argued and submitted together, and upon the authority of that ease the judgment in this case is reversed and a new trial awarded.

Dissenting. — My views in this case are the same as those expressed in my dissenting opinion in State v. Dingman, ante, p. 253, 219 Pac. 760. For the reasons there given I dissent from the conclusion reached.

Concurring in Part and Dissenting in Part. — With regard to the majority opinion of the court in this case, I hold the same views stated -by me in the main case of State v. Dingman, ante, p. 253, 219 Pac. 760.