State v. Fischer

This is an appeal by the state pursuant to Minn. St. 632.11, subd. 1(1), from an order of the St. Paul municipal court dismissing a complaint on the ground that the state, by its delay in prosecution, denied defendant his constitutional right to a speedy trial. We grant a motion by defendant to dismiss the appeal because the appeal is untimely.

Minn. St. 632.13(2) requires the state to file its notice of appeal within 5 days after entry of the order from which the appeal is taken. Here the order was filed on Tuesday, February 25,1975, and the notice of appeal entered on Tuesday, March 4, 1975.…