165 Ind. 571 | Ind. | 1905
Section 2280 Burns 1901, §2159 R. S. 1881, reads thus: “Whoever knowingly suffers his horse, mare, or gelding to be run in a horse-race along any public highway in this State; and whoever acts as a rider in any such race, on being convicted, shall be fined not more than $50 nor less than $5.”
None of the exceptions noticed in Johns v. State, supra, apply here, and we perceive no reason why the case is not fully within the general rule.
The opinion in Myers v. State, supra, is expressed in three lines, and may have been inadvertently pronounced, or there may have been other averments in the indictment, not mentioned, that removed the case from the operation of the general rule under review. However it may he, the opinion therein expressed can not be accepted as authority in a case like the one before us, and, so far as it may he regarded as declaring the law contrary to that herein expressed, the same is overruled in accordance with the recommendation of the Appellate Court.
For reasons already stated the judgment in this case is reversed, and cause remanded, with instructions to overrule the motion to quash the affidavit, and for further proceedings not inconsistent with this opinion.