State v. Slater

The State has appealed to this court from an order sustaining the defendant’s demurrer to a complaint originally filed before A. M. Schmall, a Justice of the Peace, in and for Township No. One, Gallatin County, Montana, purporting to charge the de*631fendant with having- committed the crime of misdemeanor, in unlawfully possessing two black bear cubs.

The order sustaining- the demurrer does not fall within any of the provisions of R.C.M. 1947, section 94-8104, and therefore is not an appealable order, hence this court is without jurisdiction to hear or determine the appeal. Accordingly defendant’s…