Legal Opinion
State v. Higgins
North Dakota Supreme Court
Decided October 13, 1966No. Cr. 342PublishedCited by 10 opinions
1Opinion of the Court
TEIGEN, Chief Justice.
On motion by the State to dismiss a criminal appeal.
After a jury trial in the County Court With Increased Jurisdiction, the defendant was convicted of malicious mischief. He has attempted to appeal from the judgment of conviction. The State moved this Court to dismiss the appeal on the ground that appellate jurisdiction has not attached because of failure to serve a notice of appeal. The record certified to us discloses a notice of appeal was timely filed with the clerk of court, but there is no proof of service. The defendant makes no claim that he made service of the…
2Cases cited17 opinions
- Brown v. AllenSupreme Court of the United States · 1953
- McKane v. DurstonSupreme Court of the United States · 1894
- State v. McClellandNorth Dakota Supreme Court · 1943
- Johns-Manville, Inc. v. Lander CountyNevada Supreme Court · 1924
- Opening of Gold Street v. NewtonSupreme Court Of The Territory Of Dakota · 1878
12 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Honomichl v. StateSouth Dakota Supreme Court · 1983
- Reliable Inc. v. Stutsman County CommissionNorth Dakota Supreme Court · 1987
- Disciplinary Board of the Supreme Court v. DvorakNorth Dakota Supreme Court · 1998
- State v. TinsleyNorth Dakota Supreme Court · 1982
- Reub's Minot Camera, Inc. v. General Electric Credit Corp.North Dakota Supreme Court · 1972
5 more not listed; retrieve them via the Exa API.