Beck, P. J.
This case is controlled by the decision this day made in the case of James v. State, ante, 42. Under that ruling the judgment of the court below-is affirmed; and this court denies the application of the attorneys to be relieved of costs, that question being controlled by the rule of court, cited, and not resting in the court’s discretion. Judgment affirmed.
All the Justices concur.