For the reasons assigned in 204 La. 99, 14 So.2d 924, which was today decided, the-judgment appealed from is reversed and set. aside, defendant’s demurrer is now overruled, and the case is remanded for further-proceedings according to law.

(dissenting).

The issues involved in this case are the-same as those involved in the case of State of Louisiana v. Lennie Savoy, 204 La. 99, 14 So.2d 924, this day handéd down, and,. *109 ■for the reasons therein assigned, I respectfully dissent from the majority opinion in this case.