delivered the opinion of the court.

The defendant in this action was convicted of a crime of unlawfully possessing intoxicating liquors by the verdict of *281 a jury in the district court of Custer county, and has ap- . pealed to this court from the judgment entered thereon.

The proceedings at the trial of this case in the lower court, as well as the points urged in defendant’s brief on this appeal, are so similar to those in the case of State v. Rice, ante, p. 272, 235 Pac. 716, that the determination of one necessarily controls the other.

On the authority of State v. Rice, supra, the judgment in this ease is affirmed.

Affirmed.