
    No. 11862.
    The State, ex rel. Unverferth, Prosecuting Attorney, v. Owens.
    Decided January 18, 1910.
    Error to Circuit Court of Putnam county.
    
      Mr. U. G. Denman, attorney general: Mr. W. II. Miller and Mr. J. W. Smith, prosecuting attorney, for plaintiff in error.
    
      Messrs. Bailey & Leasure, for defendant in error.
   Judgment of the circuit court affirming the judgment of the court of common pleas in sustaining demurrer to the first cause of action is reversed and the demurrer to the first cause of action overruled. Judgment.of the circuit court reversing the judgment of the court of common pleas in sustaining the demurrer to the second’ cause of action is affirmed and the demurrer to the second cause of action overruled.

Summers, C. J., Crew, Spear, Davis, Shauck and Price, JJ., concur.  