
    [No. 2849.
    Decided May 21, 1898.]
    State of Washington, Appellant, v. Ed. Heron, Respondent.
    
    Appeal from Superior Court, Kittitas County. — Hon. John B. Davidson, Judge.
    Appeal dismissed.
    
      Kirh Whited, Prosecuting Attorney, for The State.
   Per Curiam.

Under the authority of State v. Hubbell, 18 Wash. 482 (51 Pac. 1039), this appeal will be dismissed, for the reason that the error alleged is one affecting the acquittal of the defendant on the merits.  