Oppfelt v. State

Plaintiff in error was convicted in the county court of a violation of the liquor statute. He attempted to appeal to the district court and gave a recognizance, conditioned to appear “at the next term of the district court,” but the recognizance did not require him to abide the judgment of the district court and not depart therefrom without leave, as required by chapter 113, Laws 1923. The dis*550trict court dismissed the appeal because of the insufficiency of the recognizance, and defendant brings error to this court.

The record brings the case within the rule announced in Killian v. State, 114…