
    The State of Indiana v. Smith.
    [No. 21,491.
    Filed January 27, 1910.]
    From Pike Circuit Court; Frank Ely, Special Judge.
    Prosecution by the State of Indiana against Ralph Smith. From a judgment releasing the defendant, during good behavior, from the payment of the fine imposed, the State appeals.
    
      Reversed.
    
    
      James Bingham, Attorney-General, A. <7. Oavins, W. B. Thompson and E.' If. White, for the State.
   Myers, J.

The questions presented by the record in this case are the same as in State v. Smith (1910), ante, 388, and for the reasons there given the judgment of July 23, 1908, is reversed, with instructions to the court below to sustain the demurrer of the State to appellee’s petition.  