
    No. 8,168.
    STATE, Appellant, v. LEWIS A. SMITH, Respondent.
    Decided January 20, 1941.
    
      Messrs. Bennett & Bennett and Mr. James E. Kelly, for Respondent.
    
      Mr. Harrison J. Freebourn, Attorney General, and Mr. John M. Comfort, County Attorney for Madison County, for the State.
   PER CURIAM.

Respondent’s motion to dismiss the appeal herein based on various, grounds, among them, that the state did not have the right of appeal, is by unanimous action of the court granted, and the appeal accordingly ordered dismissed.  