
    Aker v. The State.
    APPEAL from the Randolph Court of Common Pleas.
    
      Friday, June 2.
    
   Stuart, J.

This cause, brought here on an agreed state of facts, presents the same question decided in Maize v. The State, 4 Ind. R. 342. For the reasons there given, the same judgment follows.

B. McClelland, for the appellant.

R. A. Riley, N. B. Taylor and J. Coburn, for the state.

Per Curiam.—The judgment is affirmed with costs.  