State v. Ashcroft

OPINION OP TRIE COURT

PARKER, C. J.

Appellee was charged in the indictment with the crime of unlawfully receiving- and purchasing stolen property. He interposed a plea of former conviction for the same offense. The court sustained the plea and dismissed the indictment. Thereupon the state appealed to this court. A motion to dismiss the appeal had been filed on- various grounds, but only one ground need be considered. It is that the state has no right to appeal in cases of this kind. The matter is governed by section 50, chapter 43, Laws 1917, which is as follows:

“When any indictment, complaint…