
    The State v. Joseph J. Capers.
    [Tried with the preceding case.]
    THIS case differs in nothing from that just decided, except that the accused is indicted in the present case for stealing a horse.
   For the reasons given in the case decided, the judgment of the district court in this case is reversed ; • the motion in arrest of judgment over-ruled, and the case remanded for further proceedings according to. law; the appellee to pay the costs of the appeal. •  