The plaintiff in error was charged, convicted, and sentenced to be confined for one year in the penitentiary, and to pay a fine of $100, under section 4, c. 26, Sess. Laws 1913.

This case invofves the same issues as the case of Proctor v. State, ante, p. 338, 176 Pac. 771, decided this term, and is controlled thereby. For the reasons set out in that opiniqn, the judgment appealed from is reversed.