State v. Finstad

Citations

• 16 S.D. 422
• 93 N.W. 640
• 1903 S.D. LEXIS 98

Syllabus

<p>Comp. Laws, § 7503. provides that a writ of error may be sued out by the state “(1) from a judgment for the defendant on a demurrer to the indictment; (2) from an order arresting the judgment; (3) from an order granting a new trial.” The county court reversed a conviction before a justice of the peace without granting a new trial. Held, the state could not sue out a writ of error from the county court’s judgment.</p>