POWELL, J.
In this case the state has appealed upon a reserved question of law, as provided by Tit. 22 O.S.A. § 1053, subsec. 3. Appeals being of statutory origin, an appeal by the State cannot be taken in any case, except as enumerated in the above statute. We shall refer to the plaintiff in error as the state, and the defendant in error as defendant.
The pertinent part of the information filed against defendant alleges:
"That on or about the...
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