State v. Yates

DAYID E. BLAIR,' P. J.-

Defendant was convicted of murder in the second degree and sentenced upon the verdict to imprisonment in the State Penitentiary for a term of fifteen years. From this judgment he has appealed. i

The Attorney-General suggests in his brief that the appeal in this case should be dismissed because defendant failed to perfect his appeal within twelve months after such appeal was granted. Section 4107, Revised Statutes 1919, provides that the appeal shall be dismissed under such circumstances, if the Attorney-General files a motion to dismiss it, unless defendant shall show…