
    The State, Plaintiff in Error, vs. Blankenship, Defendant in Error.
    1. “ Blankenship” and “ Blackensldp” held idem sonans as matter of law.
    (Scott, J., dissenting. See State v. Savely, ante.)
    
      Appeal from Cass Circuit Court.
    
    Coleman N. Blankenship was indicted by the name of Coleman N. Blackenship, for breaking open a letter. A demurrer to a plea in- abatement for misnomer was overruled by the Circuit Court, the indictment abated, and the defendant discharged.
    Gardenhire, (attorney general,) for the State.
    
      W. Adams, for defendant in error.
   Ryland, Judge.

This case involves the same questions as have been just settled in the case of the State v. Havely. The judgment of the Circuit Court is reversed, and the case remanded. See opinion in Havely’s case, which is adopted for this case, rmitatis mutandis; Judge Leonard concurring ; Judge Scott dissenting.

Scott, Judge.

For my view, with regard to this ease, reference is made to my opinion in the case of State v. Havely, decided at this term.  