State v. Stout

On March 8, 1922, Frank Stout was convicted of murder in the first degree. He appealed and the cause was twice continued on the. application of the appellant. On April 3, 1923, the date to which the last continuance was taken, the appeal was dismissed for want of prosecution. On April 6, 1923, the papers in an attempted new appeal were filed in this court. The state moves to dismiss the second appeal on the ground that it is unauthorized by the statute.

Formerly an appeal in a criminal case was effected by giving a notice and within thirty days thereafter filing in this court a transcript. of…