
    Roberts v. The State.
    Where the jurisdiction of the Common Pleas to try for a felony is based upon the fact that the defendant is in custody, the information must show that- the crime for which he is prosecuted is- the same for which he is in custody.
    
      APPEAL from the Marion Common Pleas.
    
      A. J. Thornton, and.' McDonald, Loache, and Lewis, for the appellant.
   Per Curiam.

The judgment in this case is reversed, on the authority of Justice v. The State, (see 2 G. & H. 394, notes,) and the appellant ordered to be returned to the jail of Marion county, all of which is to be certified to the keeper of the State prison.  