
    James H. PORTER, Appellant, v. STATE, Appellee.
    No. 26112.
    Court of Criminal Appeals of Texas.
    Dec. 17, 1952.
    On Rehearing Feb. 4, 1953.
    Piranio & Piranio, Dallas, for appellant.
    Henry Wade, Criminal Dist. Atty., John Grant and Charles S. Potts, Assts. Dist. Atty., Dallas, George P. Blackburn, State’s Atty., of Austin, for the State.
   BEAUCHAMP, Judge.

Appellant was assessed a penalty of ISO days in jail on a charge of swindling by drawing a check on a ¡bank in which he had no funds.

The check in this case was given to the same payee as the one involved in Porter v. State, Tex.Cr.App., 254 S.W.2d 516. The facts are identical and all of the questions raised on appeal are the same. Our conclusion is the same and reference is made to the opinion in that case, which is here adopted as our opinion in this case.

Judgment of the trial court is affirmed.

On Motion For 'Rehearing

GRAVES, Presiding Judge.

The legal questions presented in this case are practically the same as those discussed in the opinion on motion for rehearing in the companion case of Porter v. State, Tex. Cr.App., 254 S.W.2d 516. For the reasons therein stated, the motion for rehearing in this case is granted, the order of affirmance is set aside, the judgment is reversed and the prosecution ordered dismissed.  