State v. Cage

Knutson, Chief Justice.

This is an appeal from an order of the district court denying an application in the nature of an application for a writ of error coram nobis.

Plaintiff moves for a dismissal of the appeal on the ground that the notice of appeal was not served on the attorney general or county attorney as is required by Minn. St. 632.02. Such service is jurisdictional.

From an examination of the files, there appears sufficient doubt as to whether proper service was made that we have concluded to resolve the doubt in favor of defendant and dispose of the case on its merits.

Defendant was…