State v. Stymiest

On April 12, 1962, the defendant, in a trial to the court, was found guilty of the crime of failure to grant one-half of the highway. The defendant's appeal and request for a finding were filed April 23, 1962. The court's finding was filed June 26, 1962. A motion to correct the finding was filed August 16, 1962, and denied August 27, 1962. A corrected finding was filed August 30, 1962. On October 31, 1962, the defendant filed his assignment of errors, and on the same day the state filed a motion to dismiss the appeal for failure to prosecute with proper diligence.

A motion to dismiss for…