State v. Frazer
South Dakota Supreme Court
Appeal from Circuit Court, Lawrence County. Hon. W. G. Riot, Judge. William K. Frazer was convicted of crime, and he appeals. Heard on motion- of the state to dismiss appeal.
1Opinion of the CourtHaney, P. J.
In this action the state moves (i) to dismiss the appeal and (2) to strike out the bill of exceptions. The first motion is based on the alleged failure of appellant to prosecute the appeal in good /faith and with due diligence. It must be denied because unsupported by the facts.
The grounds of the second motion are: (1) That the bill of exceptions was not served or settled within the time prescribed by law. (2) That the bill of exceptions, was not served or settled until after the appeal was taken to this court. Appellant was convicted February 27, 1908. Sentence was pronounced March 14, 1908,…
2Cited by1 opinion
- State v. HueremannSouth Dakota Supreme Court · 1916