State v. Kelly

Potter, Chief Justice.

This case, here on direct appeal, has been submitted upon a motion to dismiss the appeal, and also upon the merits subject to the disposition of that motion. Owing' to the failure to serve brief on the Attorney General, no brief on the merits was filed on behalf of the State. Three grounds are stated in the motion to dismiss. 1. That no brief was served upon, the Attorney General as required by the court rules. 2. That notice of appeal was not served and filed as required by statute. 3. That the record on appeal was not prepared and filed in the district court within the…