State v. Leed

On Motion To Dismiss.

Arterburn, C. J.

— The appellee has filed a motion to dismiss this appeal. Appellee was charged in the court below with failure to support his children. The trial court sustained a motion to quash an amended affidavit and the State prayed an appeal therefrom. The motion to dismiss the appeal is based upon the failure of the record to show any final judgment was rendered herein from which an appeal may be taken. Burns’ §9-2304 provides:

“Appeals to the Supreme Court may be taken by the state in the following cases:

“First. From a judgment for the defendant, on quashing or…