
    Myers v. The State.
    
      Saturday, December 16.
    APPEAL from the Henry Court of Common Pleas.
    
      J. T. Elliott, J. H. Mellett and D. Nation, for the appellant.
    
      E. B. Martindale, for the state.
   Per Curiam.

The judgment in this case is reversed for the reasons given in Spencer v. The State, 5 Ind. R. 41, and Simington v. The State, id. 479; the questions arising in the record of each case being the same.

The judgment is reversed. Cause remanded, &c.  