ON REHEARING.

— In this case the facts and questions of law are substantially the same as those presented to this court in the case of State v. Bilboa, ante, p. 92, 213 Pac. 1025. Upon the authority of that case the judgment of the lower court is reversed and the cause remanded, with directions to the lower court to dismiss the action.

— In this case the facts and questions of law are substantially the same as in the ease of State v. Bilboa, ante, p. 92, 213 Pac. 1025. Upon the authority of that case, the judgment herein is affirmed.