
    [Criminal No. 322.
    Filed October 10, 1912.]
    [127 Pac. 717.]
    STEWART HOMER, Appellant, v. STATE OF ARIZONA, Respondent.
    APPEAL from a judgment of the Superior Court of the County of Yuma. Prank Baxter, Judge.
    Reversed.
    The facts are stated in the opinion.
    Mrs. Mary A. Wupperman and Messrs. Wupperman & Wupperman, of Counsel, for Appellant.
    Mr. G. P. Bullard, Attorney General, and Mr. Fred L. Ingraham, County Attorney, for Respondent.
   ROSS, J.

This defendant was jointly indicted with Remegius Findley, and the same questions are involved as in the case of Findley v. State, ante, p. 251, 127 Pac. 716, just decided. On the authority of that case, this case is reversed and remanded to the superior court of Yuma county, with directions that the demurrer be sustained, and the defendant discharged from custody.

FRANKLIN, C. J., and CUNNINGHAM, J., concur.  