O'Brien v. State ( 1939 )

PER CURIAM.

This Court is of the opinion that the cases cited by Judge Bricken in his dissent should not be overruled. We cannot affirm the majority opinion by the Court of Appeals without overruling those cases.

The writ of certiorari is awarded, and the judgment of the Court .of Appeals is reversed and the cause remanded to that court for further action.

Certiorari awarded; reversed and remanded.

All the Justices concur.