The question herein submitted is identical with that presented in Taylor v. State, Tex.Cr.App., 243 S.W.2d 582.

For me reasons therein stated the State’s motion for rehearing is granted, the original opinion withdrawn, the judgment of reversal and dismissal is set aside, and the judgment is now affirmed.

On Motion for Rehearing.

The same proposition confronts us as is raised in Taylor v. State, Tex.Cr.App., 243 S.W.2d 582, and in conformity with our reasoning in that case, this motion for a rehearing is overruled.