Opinion
1 Div. 323.
February 21, 1939.
Appeal from Circuit Court, Mobile County; J. Blocker Thornton, Judge.
The defendant was indicted on a charge of perjury, and from a judgment quashing the indictment, the State appeals.
A. A. Carmichael, Atty. Gen., and Wm. H. Loeb and Silas C. Garrett, III, Asst. Attys. Gen., for the State.
Harry T. Smith Caffey, of Mobile, for appellee.
This is a companion case to the case of State v. S. B. Powe, alias, ante, p. 402, 185 So. 781.
The cases are identical, and all of the points have been decided and treated in the Powe case, supra.
On authority of that case, the State is not entitled to an appeal. Therefore, the appeal is dismissed.
Dismissed.