VOGEL, Judge.
This is a companion case to State v. Matthews, N.D., 216 N.W.2d 90, decided today. It is controlled by the decision in that case.
The judgment of conviction is reversed and the case is remanded for further proceedings consistent with the opinion in State v. Matthews.
ERICKSTAD, C. J., and PAULSON, J., concur.
ERICKSTAD, Chief Justice, and PAULSON, Judge (concurring specially).
See State v. Matthews.
TEIGEN and KNUDSON, Judges (dissenting).
See State v. Matthews.