For the reasons assigned in La., 186 So.2d 611, the judgment of the district court in the instant cause is reversed and set aside,, the defendant’s demurrer and motion to quash are overruled, and this case is re*616manded for further proceedings according to law and in keeping with the views expressed.
FOURNET, C. J., is of the opinion that the trial judge’s ruling is correct. SUMMERS, J., dissents.