
    FRANK AND ANNA MABERRY v. STATE.
    No. A-871.
    Opinion Filed November 11, 1911.
    Appeal from District Court, Custer County; James R."Tolbert, Judge.
    W. J. Lackey, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for the srtite.
   PER CURIAM.

The Attorney General has filed a motion to dismiss the appeal for the reason that the Criminal Court of Appeals has no jurisdiction of the subject-matter of the action, neither of the plaintiffs was arrested in the case, and only seek'to have their goods restored or receive pay for the same with costs, etc. The case being a civil action. For this reason the motion to dismiss is sustained.  