Appeal from County Court, Craig County; E.M. Probasco, Judge.

Fred Russell was charged with crime, and from adverse judgment the State appeals. Appeal dismissed.

S.P. Freeling, Atty. Gen., and R. McMillan, Asst. Atty. Gen., for the State.

PER CURIAM. The Attorney General has filed a motion to dismiss this case, upon the ground that the state has not sufficient evidence upon which to base the charge, or sustain a conviction, should the case be further prosecuted. The county attorney of Craig county, from which this appeal was taken, joins the Attorney General in asking that this case be dismissed.

This prosecution having been abandoned, it is therefore ordered by the court that the same be dismissed.