PER CURIAM.
Appellant was charged by affidavit with conspiring with his brother Wilson Mattingly and one William Ausley under Acts 1905, ch. 169, § 641, p. 584, being § 10-1101, Burns' 1956 Replacement, to commit a felony, to-wit: "to break and enter into Reed's Barbershop in Mount Vernon, Indiana, ... to take, steal and carry away the goods, chattels and personal property of Jesse Reed...."
He was separately tried by the court, without the intervention...
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