
    STATE, Respondent, v. MILLER et al., Appellants.
    (No. 3,390.)
    (Submitted May 28, 1914.
    Decided June 17, 1914.)
    [141 Pac. 860.]
    (For syllabus, see State v. Groom, ante, p. 354.)
    
      Appeal from District Court, Rosebud County; George Pier-' son, Judge.
    
    Alfred Miller and Otto Peterson, convicted of crime, appealed from the judgment of conviction and an order denying them a new trial.
    Reversed and remanded.
    
      Messrs. Loud, Collins, Brown, Campbell & Wood and Mr. Bras D. Tull, for Appellants, submitted a brief; Mr. Chas. PL. Loud argued the cause orally.
    
      Mr. D. M. Kelly, Attorney General, and Mr. Chas. S. Wagner, Assistant Attorney General,” for Respondent, submitted a brief; Mr. Wagner argued the cause orally.
   MR. JUSTICE HOLLOWAY

delivered the opinion of the court.

The facts in this case are identical with those presented upon the challenge to the panel in State v. Groom, ante, p. 354, 141 Pac. 858, just decided, and, upon the authority of that case, the judgment and order denying defendants a new trial are reversed and the cause is remanded for a new trial.

Reversed and remanded.

Mr. Chief Justice Brantly and Mr. Justice Sanner concur.  