The order appealed from in this case rests and is founded upon the judgment in Hollister v. State, Defendant, and W. A. Clark, Defendant and Appellant, ante, p. 651, 75 Pac. 339, and upon the authority of that case and the reasons there given the order appealed from is affirmed.
Costs awarded respondent.
Stockslager, J., concurs. Sullivan, C. J., dissents.