State v. Melanson

Murray, A. R. J.,

Dissenting

The majority opinion in this case, which we shall hereafter refer to as the opinion, has decided it upon the merits. With its contention that it has jurisdiction to do so we cannot concur.

Our contention is that the case is not in this court legally, therefore, not here at all, and all that this court can do is dismiss it from the docket for want of jurisdiction.

Following is the record of the lower court:

1955 Nov. T 2 Defendant’s plea filed. State’s demurrer to plea filed. Respondent’s joinder filed. Demurrer to plea sustained. Respondent to plead over.

1955 Nov. T 8…