The proper disposition of this cause is governed by the decision rendered by department one on December 2, 1911, in the case of State v. Ross, 66 Wash. 138, 119 Pac. 20, which decision was affirmed by the court en banc upon petition for rehearing, this day. Id., 66 Wash. 141, 122 Pac. 8. The questions determinative of this case being the same as in that, the judgment of the trial court is reversed for the reasons there stated.