The plaintiff in error, J. P. Porter, was convicted of a charge that he did keep a place 1% miles north of the town of Orr, Love county, with the intent and purpose Af selling intoxicating liquors, and his punishment was fixed at one year in the penitentiary. To reverse the judgment rendered on the verdict, an appeal was perfected. •

This is a pr^ecution u>l r section 4, < 26, Session Laws 1913, which provision of the state was, in the case of Proctor v. State, 15 Okla. Cr. 338, 176 Pac. 771, held unconstitutional and void. For the reasons stated in the opinion in the Proctor Case, the judgment is reversed.