TAFT, J.
As the statement of the case indicates, the record of the Court of Appeals raises some doubt as to whether there was anything pending before that court after the dismissal of the appeal by the defendant, which apparently took place on June 26. Although it now urges that dismissal as a reason for denying defendant relief, the state made no such argument in its briefs in the Court of Appeals. It is not clear from the record whether that dismissal took place...
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