On Motion to Dismiss.

Defendant, Robert T. Rogers, charged with murder, was discharged on a plea of former jeopardy, and the state appealed. Counsel for defendant have moved this court to dismiss the appeal on the ground, which is admitted by the state, that said defendant and appellee is dead, having been taken from jail and hanged by a mob. We are advised that a prosecution is pending in the district court against the alleged lynchers.

Appeal dismissed.