Plaintiffs in error, Joe Jackson and Joe Thomas, were jointly tried and convicted in the, superior court of Okmulgee county of maintaining and keeping a place in the city of Okmulgee, in said county, with the feloneous intent and purl>oso of selling intoxicating liquon., -nd their • xnuii slim cuts fixed at" confinement in the penitentiary for a period of 2 years each, *719 and to pay a fine of $100 eacli. To reverse the jiidgments rendered on the verdict they have each appealed to this court. In the case of Proctor v. State, 15 Okla. Cr. 338, 176 Pac. 771, the statute upon which this iuosecution is based was held unconstitutional and void. For the reason stated in the opinion, in that ease, the judgment as to each defendant in* this case is reversed, and the cause remanded, with instructions to the trial court to dismiss the same. Mandate forthwith.