In re Bates

— It having been stipulated by the state and the petitioner that this case is in all respects similar to that of Richard Moore, ante, p. 506, 224 Pac. 662, and that the judgment in this case may follow that entered in the case *524of Richard Moore, it is ordered that the petitioner be discharged.

William A. Lee and Wm. E. Lee, JJ., concur. McCarthy, C. J., and Budge, J., dissent.