The defendant in error, M. R. Sears, was by information charged with the unlawful, willful, wrongful, fraudulent, and felonious selling, exchanging, and delivering to one Noah Herron, a forged and counterfeited note, was acquitted, and the state appeals.

The record shows that the defendant in error, M. R. Sears, was acquitted by the verdict of a jury; therefore the questions raised by the state are moot.

The appeal is dismissed.