
    O’Daily v. The State.
    APPEAL from the Tippecanoe Court of Common Pleas.
    
      E. H. Brackett and J. O'Brian, for the appellant.
    
      J. L. Miller, for the state.
    
      Monday, December 21.
   Per Curiam.

This case is similar to that between the same parties, decided at the present term .

For the same reasons there given, a majority of the Court are of opinion that the same judgment should be given.

The judgment is reversed. 
      
       9Ind. R. 494.
     