State v. Harkins

This is an appeal by the defendant from a judgment convicting him of manslaughter and from an order denying him a new trial.

I. At the outset counsel for the state argue that we cannot consider the appeal from the order denying defendant’s motion for a new trial because before the order was entered an appeal from the judgment had been perfected; therefore, it is said, the lower court was without jurisdiction to pass upon the motion and we have no right to consider the defendant’s appeal therefrom. We do not agree with this position. The right to appeal from an order denying a motion for a new…