State v. Wicks

This is an appeal by the State of North Dakota from an order of the district court sustaining a demurrer to an information. The first matter to be considered is a motion by the defendant to dismiss the appeal upon the ground “that the appeal has not been taken and perfected within the time fixed and prescribed by statute.” The minutes of the court disclose that on June 11, 1936, this case was called for trial, that the defendant demurred to the information on the ground that it does not state facts sufficient to constitute a public offense, which demurrer was sustained by the court. A written…