State v. Krueger

The defendant was convicted of the crime of rape oh July 14, 1921. Thereafter and on February 14, 1928, he moved the court for a new trial on the ground of newly discovered evidence. This motion was denied on February 21, 1928, the court holding that it had no jurisdiction to hear and grant said motion for the reason that the period within which an appeal from the judgment might be taken had expired prior to the time when said motion for new trial was made. From the order entered accordingly the defendant perfected the instant appeal.

Section 109, Constitution of North Dakota, provides: “Writs…