This ease was appealed by the state. The record was filed April 29, 1922. Among the papers is a verdict of “not guilty.” The prosecution has not directed the court’s attention to any order of the lower court in the record, made by the *582statute (section 1155, Pen. Code) ground for appeal by the state.

Indeed, the state has failed to prosecute its appeal, and for that reason the appeal is ordered dismissed.