Dissenting. — I dissent from that part of the foregoing opinion wherein it is held that C. S., sec. 1948, is unconstitutional. My views so far as that question is concerned will be found in the dissenting opinion in the case of State v. Grimmett, 33 Ida. 203, at 212, 193 Pac. 380, at 383. Since my associates have all agreed to the opinion as above written, no useful purpose could be served by a further discussion of the other questions there considered and decided.