Dismissal of indictment

The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the indictment as to all or a part of the defendants and the dismissal shall not bar a future prosecution for the same offense. Crim. Code, § 242; C. & M. Dig., § 3063; Pope's Dig., § 3889; A.S.A. 1947, § 43-2127. The prosecuting attorney, with the permission of the court, may at any time before the case is finally submitted to the jury dismiss the indictment as to all or a part of the defendants and the dismissal shall not bar a future prosecution for the same offense. Crim. Code, § 242; C. & M. Dig., § 3063; Pope's Dig., § 3889; A.S.A. 1947, § 43-2127.