City of Bismarck v. Materi

I dissent. The defendant was found guilty of an ordinance violation in the municipal court. He appealed to the district court under the provisions of Section 40-18-19, N.D.C.C. This section provides that an appeal may be taken from a judgment of conviction in the municipal judge’s court to the district court in the same form and manner as appeals are taken and perfected from a judgment of conviction of a defendant in justice court. The appeal is taken in accordance with Sections 33 — 12— 34, 33-12-35 and 33-12-39, N.D.C.C., and shall be tried in accordance with Sections 33-12-40 and 33-12-41,…