State v. Hoxeng

Defendants appeal from judgments of conviction entered by a law-trained magistrate after a jury trial. On our own motion and without requesting briefs, we dismiss the appeals.

This Court has only “such appellate jurisdiction as may be provided by the Legislature.” S.D.Const. art. V, § 5. “The right to appeal is statutory and therefore does not exist in the absence of a statute permitting it.” State v. Wagner, 86 S.D. 382, 385, 196 N.W.2d 360, 361 (1972).

SDCL 16-6-10 vests in the circuit court “jurisdiction of appeals from all final judgments, decrees or orders of all courts of limited…