The mere fact that the cause had not been placed on the docket of the circuit court for two terms of court after indictment did not amount to a discontinuance. Roszell v. State, 19 Ala. App. 462, 98 So. 35.

The other questions raised in this record have been decided adversely to defendant in the ease of Robinson v. State, ante, p. 168, 106 So. 203.

We find no error in the record, and the judgment is affirmed.

Affirmed.