By the Court,
Whitman, C. J.:
This appeal is from an order sustaining a demurrer to an indictment. The statute expressly authorizes this appeal, but makes no provision for a record in such case. Stats. 1861, 485, Sec. 469. Eollowing the analogies of the statute, the most favorable view to appellant would be to allow the appeal on bill of exceptions. There is none here; so the appeal is dismissed.