
    [No. 1299.
    Decided June 7, 1894.]
    The State of Washington, Respondent, v. J. W. Holmes, Appellant.
    
    
      Appeal from Superior Court, Pierce County.
    
    
      O'Brien & Robertson, for appellant.
    
      W. H. Snell, Prosecuting Attorney, for The State.
   Dunbar, C. J.

— This case falls squarely within the rule of law announced by this court in McCarty v. State, 1 Wash. 377 (25 Pac. 299). The judgment will, therefore, be reversed, and the case remanded with instructions to sustain appellant’s demurrer to the information.

Anders and Stiles, JJ., concur.  