EMMERT, J.
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...
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