In this case there is sufficient evidence to support the conviction of defendant, Hilbert, (appellant herein). The errors of law assigned in this case are the same as in the companion case of State v. Henry, 66 Idaho 60, 154 P.2d 184, just decided adversely to appellant's contention.

It follows, therefore, that the verdict and judgment against appellant, Hilbert, should be, and the same is hereby affirmed.

Holden, C.J., and Budge, J., concur.

Givens and Dunlap, JJ., dissent. *Page 70