Defendant, Henry G. Bennett, was charged with the crime of perjury in Tulsa county. The trial court sustained a motion to quash the indictment, after hearing testimony, and the state appealed.

At the time of the oral argument in this court on December 4, 1944, the state abandoned its appeal in this case, and for this reason the judgment and sentence of the district' court of Tulsa county is affirmed. Bennett v. District Court of Tulsa County et al., 81 Okla. Cr. 351, 162 P. 2d 561.