State v. GARDNER

This is an appeal by the state from a judgment (1) setting aside a judgment dismissing an indictment against appellees for forgery of a deed, executed June 17, 1947, pursuant to a written motion by the state to dismiss said indictment, and (2) discharging appellees on their motion for discharge under §9-1403, Burns’ 1942 Replacement.

Appellees contend the state has no right to appeal from a judgment discharging a defendant for want of prosecution under §§9-1402, 9-1403, 9-1404, Burns’ 1942 Replacement. This court has decided prior cases when the appeal was by the state, State v. Beckwith…