State v. Gissel

WALTERS, Chief Judge.

This is an appeal by the state from an order of the district court reversing judgments of conviction for criminal trespass, entered upon jury verdicts in the magistrate division. On appeal from the magistrate court, the district court held the evidence insufficient to show malice, as required by the trespass statute.

The state contends the district court’s order must be reversed for two reasons. First, the state asserts the district court was without jurisdiction to consider the appeal from the magistrate’s court because the notices of appeal from the magistrate division…