State v. Smith

Whether the allowance of defendant’s motion for inspection and permission to take copies of defendant’s confessions was a final order from which the prosecuting attorney could appeal is squarely presented.

Although the record does not show that the question of jurisdiction was raised in the Court of Appeals, still if that court had no jurisdiction on appeal to hear and determine the cause on its merits this court likewise has none. There would be no waiver in such instance.

The jurisdiction of the Court of Appeals is fixed by Section 6, Article IY of the state Constitution, and can not be…