State v. Atanosoff
Supreme Court of Minnesota
Defendant was indicted by the grand jury for the crime of murder in the first degree, tried in the district court for Itasca county before Wright, J., and a jury which found defendant guilty of murder in the second degree. From an order denying his motion to settle a case and for a new trial, defendant appealed.
1Opinion of the Court
Dibell, C.
The defendant was convicted of murder in the second degree and appeals from the order denying his motion to settle a ease and his motion for a new trial.
1. There is no settled case nor bill of exceptions. The court denied *322the defendant’s motion to settle his proposed case. The order denying the motion is not appealable nor is it reviewable on the appeal from the order denying the motion for a new trial. Mandamus is the remedy. 1 Dunnell, Minn. Dig. § 1383, et seq; Richards on v. Rogers, 37 Minn. 461, 35 N. W. 270; Schumann v. Mark, 35 Minn. 379, 28 N. W. 927; State v. MacDonald, 30…
2Cases cited4 opinions
- Richardson v. RogersSupreme Court of Minnesota · 1887
- State ex rel. Long v. CoxSupreme Court of Minnesota · 1879
- State ex rel. Schmitt v. MacdonaldSupreme Court of Minnesota · 1882
- Schumann v. MarkSupreme Court of Minnesota · 1886
3Cited by3 opinions
- State v. CollinsSupreme Court of Minnesota · 1963
- State v. SwanSupreme Court of Minnesota · 1922
- State Ex Rel. Waylander v. QvaleSupreme Court of Minnesota · 1930