Gillett, J. — This is the second appeal of this cause. Upon the first appeal (State, ex rel., v. Smith, 158 Ind. 543), the essential questions on this appeal were determined against the appellant herein. On the authority of the decision rendered in said former appeal, the judgment of the court helow, from which this appeal is prosecuted, is affirmed. Dowling, C. J., and Monis, J., dissent.