
    [Criminal No. 938.
    Filed December 13, 1943.]
    [143 Pac. (2d) 883.]
    THE STATE OF ARIZONA, Appellant, v. FRANK FERNANDEZ, Appellee.
    Mr. Joe Conway, Attorney General, Mr. Thomas J. Croaff, Assistant Attorney General, Mr. Harold R. Scoville, County Attorney, and Mr. J. Y. McCrory, Deputy County Attorney, for Appellant.
    Mr. Stanley A. Jerman, for Appellee.
   PER CURIAM.

This case involves the same legal points as those in State v. Ikeda, ante, p. 41, 143 Pac. (2d) 880, just decided, and is controlled hy the decision in that case.

Judgment affirmed.

ROSS and STANFORD, JJ., and YM. G. HALL, Superior Judge, concur.

Note: Because of the illness of Chief Justice Mc-ALISTER, the Honorable Yl. G. HALL, Judge of the Superior Court of Pima County, was called in to sit in his place and stead.  