Plaintiff in error was charged, convicted, and sentenced to be confined in the penitentiary for one year and to pay a fine of $50 under section 4, c. 26, Session Laws 1913.

This case involves 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 opinion, the judgment appealed from is reversed.