State v. Robinson

Defendant appeals from an order of the district court dated March 18, 1963, denying his motion to dismiss an indictment whereby defendant is charged with the crime of indecent assault. The state moves that the appeal be dismissed upon the ground that the order involved is not appealable.

The order from which the appeal is taken is not appealable. State v. Noonan, 24 Minn. 174; State v. Abrisch, 42 Minn. 202, 43 N. W. 1115; State v. McBride, 215 Minn. 123, 9 N. W. (2d) 416.

Defendant contends that the rule of these cases does not apply because of *575the disposition made of the basic problem h'ere…