STEWART, J.
The record now before this court is substantially the same as that presented in the previous consideration of the cause.
Our previous judgment was predicated solely on a consideration of the sufficiency of the indictment.
With the formal parts omitted, the indictment is as follows:
"* * * the jurors of the grand jury of the state of Ohio, within and for the body of the county of Summit, * * * do find and present, that Emory J. Yudick...
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