State v. Boyle

This canse is before this court on the motion of defendant to dismiss the state’s appeal on the grounds that this court is without jurisdiction. Counsel has filed in this court a statement of the case, presumably in compliance with Appellate Rule 9(D), although a record was also filed. The court ordered, sua sponte, a transcript of the proceedings on November 29, 1971, and of the hearing held December 1, 1971 (see Appellate Rule 9 (E)). From the opinion of the trial court, the statement of the case, and the transcript and record, it appears that on November 11,1971, the defendant, appellee…