The plaintiff in error was convicted of keeping a place with the intention and for the purpose of selling intoxicating liquors, and was 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, 15 Okla. Cr. 338, 176 Pac. 771, decided *400 this term, and is controlled thereby. For the reasons set out in that opinion, the judgment appealed from is reversed.