On Rehearing.

Judgment of conviction was affirmed in this case on January 9, 1950 (326 Mich 533). The Court divided 3 to 2 with Justices Carr, Butzel and *170Dethmers not participating in the decision. Rehearing was granted by virtue of the authority contained in CL 1948, § 601.5 (Stat Ann § 27.25), and the appeal was resubmitted and oral arguments had.

Upon rehearing I am convinced for the reasons expressed in my former opinion that the judgment should be affirmed. It is so ordered.

{dissenting). For the reasons stated in People v. Omacht, ante, 145, I am unable to agree with the conclusions reached by Mr. Justice Sharpe.

The conviction should be set aside and a new trial granted.