State v. Campbell

The defendant was tried and convicted of murder in the first degree for the killing of Karl Hermann, and he was sentenced to suffer death in accordance with the verdict of the jury. On an affidavit for appeal, signed and sworn to by his attorney, an appeal was granted to this court. The Attorney-General moves to dismiss the appeal because the affidavit for appeal was not signed and sworn to by the defendant as required by the statute. The motion was taken with the case.

Section 4086, Revised Statutes 1919, reads:

"In all cases of final judgment rendered upon any indictment or information, an…