Smith v. State

This is an appeal by the appellant from a conviction of murder in the second degree. He was charged by grand jury indictment will killing one Bertram Soini. Judgment was rendered upon the verdict. Appellant filed a motion' for a new trial, assigning 36 separate grounds therefor. The motion was overruled, an appeal was prayed, and the record filed in the clerk’s office of this court.

The attorney general has moved to dismiss the appeal upon the ground that the appellant did not perfect the appeal within 60 days after serving notice of the appeal on the prosecuting attorney, citing the statute…