Burton v. State

The defendant, Frank Burton, was charged in the district court of Blaine county with the crime of burglary in the second degree, second offense, was tried, convicted and- sentenced to serve five years in the State Penitentiary, and has appealed.

The Attorney General has filed a motion to dismiss the appeal in which it is alleged that subsequent to the conviction in the district court of Blaine county, and while the appeal was pending in this court, the defendant committed the crime of forgery in the second degree, and thereafter, on March 15, 1948, the defendant entered a plea of guilty to…