Delorme v. State

OPINION

DALLY, Commissioner.

The conviction is for the public desecration of the flag of the United States. The jury assessed a punishment of two years imprisonment and the appellant was placed on probation as required by the jury’s mandatory recommendation.

The State urges that this court does not have jurisdiction to hear and decide this appeal. After notice of appeal was given, the State moved to revoke probation and a capias was issued for the appellant’s arrest. An affidavit in the record shows the capi-as was not served and executed because the appellant could not be found. The State…