¶1 ON STATE’S MOTION FOR REHEARING.
¶2 On November 6, 1940, during the present term, the judgment in this case was reformed and affirmed. Subsequently the State has filed a motion to set aside that order on the ground that there-was-no-notice of appeal- in the record and that this court is without jurisdiction to enter such order. .
¶3 Upon further examination of the record the motion is granted, the judgment of affirmance set aside and the mandate of this Court reflecting such judgment is recalled and the appeal is dismissed.