
    THE STATE, Appellant, v. SPOOLEY GEIER.
    Division Two,
    November 23, 1909.
    APPEAL. The State is not entitled to an appeal from a judgment of the circuit court sustaining defendant’s plea in abatement to the indictment.
    Appeal from Jasper Circuit Court. — How. Henry L. Bright, Judge.
    Appeal dismissed.
    
      Elliott W. Major, Attorney-General, James T. Blair, and Charles G. Revelle, Assistant Attorneys-General, for tbe State.
    
      R. M. Sheppard for respondent.
   FOX, J.

The record in tbis cause is substantially tbe same as that in State v. Craig, ante, p. 201, decided at tbe present sitting of tbis court: at least it presents tbe same legal proposition. We deem it unnecessary to repeat what was said in the Craig case as to the right of the State to prosecute an appeal, but it is sufficient to say that, adopting the conclusions as reached by this court in that case, it follows that the appeal in the case at bar should be dismissed, and it is so ordered.

All concur.  