The opinion of the court was delivered by

Our opinion in this case was filed December 11, 1965, and is reported in Sanders v. State, 195 Kan. 701, 408 P. 2d 587.

The appellant has filed a motion for rehearing. The motion has been considered and is hereby denied.

The appellee has filed a motion to delete paragraph 2 of the syllabus and the corresponding portion of the opinion. Upon consideration of this motion it is by the court sustained.

It is therefore ordered that paragraph 2 of tibe syllabus and the corresponding portion of the opinion are hereby deleted and withdrawn. The decision is adhered to in all otiher respects.