State v. Davis

The defendant moved for a directed verdict of acquittal pursuant to SDC 34.3650. The motion was denied. The jurors failed to agree on a verdict and were discharged. The defendant appealed from the order of the court which denied defendant’s motion for a direct verdict. The State contends that the appeal should be dismissed on the ground that the order is not appealable.

The right of appeal is statutory and does not exist in the absence of statute. State v. Sweeney, 48 S.D. 248, 203 N.W. 460; State v. Gufey, 42 S.D. 532, 176 N.W. 521; State v. Hueremann, 37 S.D. 159 N.W. 398; and State v.…