State v. Noonan

Gilrillan, C. I.

Appeal from an order refusing a motion by tbe defendant in an indictment to be discharged, made on the ground that, as claimed, the court below improperly discharged the jury without a verdict. The state moves here to dismiss the appeal on the ground that no appeal will lie from such an order.

We held in the case of State v. Weston, 23 Minn. 366, that chapter 117, Gen. St., as amended by chapter 76, Laws of 1870, provides the only mode of removing a criminal case to the supreme court for review, and this ruling was followed when this case was before us upon certiorari.

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