MALLARD, Chief Judge.
Only two questions are presented on this appeal. The first is whether there was competent evidence upon which the trial judge could make the findings of fact. The second question is collateral to the first and is whether the facts so found support the trial judge's conclusions of law.
Upon the hearing on the plea in bar, the trial judge found and concluded as follows:
"1. That on or about March 4, 1964, the defendant entered into...
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