State v. Herpel

The opinion of the court was delivered by

Wedell, J.:

The state appeals from a judgment refusing to forfeit and sell an automobile as a common nuisance.

Appellee first contends this court is without jurisdiction to entertain the appeal for the reason the appeal is too late and should be dismissed. Judgment was rendered November 5, 1947. A motion for new trial was filed November 8, 1947, in which it was sought to have the judgment vacated, judgment rendered in favor of the state or to grant a new trial. The motion was heard and overruled December 3, 1947, and on the latter date the state served…