State v. Plunkett

OPINION

By the Court,

Taber, J.:

On February 23, 1943, in the Seventh judicial district court, White Pine County, appellant was convicted of first degree murder, and later sentenced to death. His motion for a new trial was denied. On April 10 he served and filed notice of appeal from the judgment and from the order denying a new trial. On or about April 27 execution was suspended until the hearing and determination of the appeal.

On October 5 respondent noticed a motion in this court for an order dismissing the appeal and vacating the order suspending execution. On November 3 appellant moved this…