
    No. 11,416.
    State vs. H. H. Stewart.
    The judge refused to permit the district attorney to move for the forfeiture of the bail bond of the accused on the second day ®f the criminal term, and based his ruling, in thus ruling, upon proof that the accused was prevented from attending court by physical disability.
    The Attorney General and the district attorney of the district admit that the ruling was correct, and consent to the dismissal of the appeal.
    APPEAL from the Tenth District Oonrt, Parish of Natchitoches. Andrews, J.
    
    
      M. J. Cunningham, Attorney-General, and Pharor Breazeale, District Attorney, for Plaintiff and Appellant.
    
      Pierson & Porter for Defendant and Appellee.
   The opinion of the court was delivered by

Breaux, J.

The appeal was prosecuted by the district attorney from a ruling of the court a qua refusing to permit him in behalf of the State to forfeit the bail bond of the accused on the second day of the term.

The ruling of the court is sustained by the evidence.

It was proven that the accused was prevented from attending court by physical disability.

Counsel for the accused interposed a motion in this court to dismiss the appeal, averring the correctness of the ruling o'f the District Court.

The Attorney General and the district attorney who conducted the prosecution admit that the appeal has no merit, and consent that it be dismissed.

The appeal is dismissed.  