¶1The question herein submitted is identical with that presented in L. J. Taylor v. State, Tex.Cr.App., 243 S.W.2d 582, this day decided.
¶2For the reasons therein stated the State’s motion for rehearing is granted, the original opinion withdrawn, the judgment of reversal and dismissal is set aside, and the judgment is now affirmed.
¶3On Motion for Rehearing.
¶4The same proposition confronts us as is raised in Taylor v. State, Tex.Cr.App., 243 S.W.2d 582, and in conformity with our reasoning in that case, this motion for a rehearing is overruled.