State v. Huebner, Gardner

These cases, which are appeals from the Porter Circuit Court, where separate indictments for perjury were pending against each of the appellees, have been consolidated for briefing in this court.

The sole error assigned is that the trial court erred in discharging each of the defendants-appellees under the provisions of Acts 1905, ch. 169, §220, p. 584, being §9-1403, Burns’ 1942 Replacement.

Appellees assert that the state has no right of appeal from a judgment of the trial court discharging a defendant who has been held without trial for a period embracing more than three terms of court,…