State v. Marlar

BAKES, Justice.

Two appeals arising out of the prosecution of defendant-appellant Dennis Marlar, aka Denzil Marlar, were consolidated for presentation to this court. The first involved the propriety of the district court’s dismissal of appellant’s original appeal due to his alleged failure to diligently perfect the appeal; the second concerns the merits of appellant’s conviction for assault with a deadly weapon, specifically whether a telephone call allegedly made by appellant to-the complaining witness (Higgins) was erroneously admitted into evidence.

Both parties agree that the motion to…