
    The State, Appellant, v. Marshall.
    Division Two,
    November 5, 1894.
    1. Criminal Practice: appeal by state. The state lias no appeal fi'om an order discharging defendant after several continuances on the part of the state. " ’ •
    2. —-: -. It is only when the “indictment: is quashed or adjudged insufficient on demurrer, oV when the judgment' thereon is arrested,” that the state can appeal in a criminal case. ■ • -
    
      Appeal from Osarle Oircmt Court.—Hon. A. H. Livingston, Special Judge.
    Appeal dismissed.
    B. F.. Walleer, Attorney General, and Morton Jour dan, Assistant Attorney General, for the «tate.
    The appeal in this case must be dismissed. The state is only entitled to appeal in criminal prosecutions in cases where the indictment is quashed, adjudged insufficient on demurrer or where the judgment thereon is arrested. State v. Ashcraft, 95 Mo. 348.
   Sherwood, J.

The defendant being indicted for a felonious assault, after several continuances on the part of the state, moved to be discharged. The lower court granted his motion and discharged him, and from this order of discharge the state has appealed. Into the correctness of this order we can not look, as the state has no right of appeal in such cases. It is only when the “indictment is quashed, or adjudged insufficient upon demurrer, or when judgment thereon is arrested” (R. S. 1889, secs. 4289, 4290), that the state is allowed an appeal. State v. Risley, 72 Mo. 609; State v. Heisserer, 83 Mo. 692; State v. Ashcraft, 95 Mo. 348. In consequence of these statutory provisions, this appeal having been improvidently taken, must be dismissed.

All concur.  