
    Elbert GATES, alias J. E. Tomplin, alias J. K. Thompson, v. STATE.
    (No. 9152.)
    (Court of Criminal Appeals of Texas.
    April 22, 1925.)
    “Commissioners’ Decision.”
    Appeal from District Court, Jefferson County; Geo. C. O’Brien, Judge.
    Howth, Adams & Hart and Jno. T. Kitcking, all of Beaumont, for appellant.
    Tom Garrard, State’s Atty., and Grover C. Morris, Asst. State’s Atty., both of Austin, for the State.
   BERRY, J.

This is a companion caste to No. 9151, this day decided by "this court, 271 S. W. 632, and the record discloses the same identical facts as those prevailing in that casfe, and the opinion rendered in that ease is decisive of this one.

On the authority of No. 9151, Elbert Gates v. State, this day decided, 271 S. W. 632, it is our opinion that this case should be reversed, and the cause remanded.

PER CURIAM. The foregoing opinion of the' Commission of Appeals has been examined by the judges of the Court of Criminal Appeals and approved by the court.  