State v. Barnes

Matson, Justice.

Pending an appeal from a judgment convicting defendant of first-degree robbery and from an order denying him a new trial, we here have a subsequent and further appeal from an order of the district court denying defendant’s motion that he be furnished, without cost, a transcript of the proceedings for use in aid of his prior, pending appeal.

The state moves to dismiss this latter appeal on the ground that the district court had no jurisdiction to hear the motion while the prior appeal — from the judgment and from the order denying a new trial — was pending in this court. The…