State v. Fortune

Fisk, Oh. J.

This is a criminal action commenced in the district court of Burleigh county. On January 25th last the district court, on motion of the states attorney, made an order changing the venue from Burleigh to Morton county. Thereafter and on the 28th day of January, counsel for defendants served and filed in the office of the clerk of the district court a notice of appeal from such order to this court, and the record on such appeal has been transmitted in accordance with such attempted appeal. On the 29th day of January this court, on an application of respondents’ counsel, issued an…