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STATE v. HIGGINS

No. Cr. 342.

145 N.W.2d 478 (1966)

The STATE of North Dakota, Plaintiff and Respondent, v. Milton HIGGINS, Defendant and Appellant.

Supreme Court of North Dakota.

October 13, 1966.

Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., Albert A. Wolf, State's Atty., and Gerald G. Glaser, Asst. State's Atty., Bismarck, for plaintiff and respondent.

Vogel & Bair, Mandan, for defendant and appellant.

TEIGEN, Chief Justice.

On motion by the State to dismiss a criminal appeal.

After a jury trial in the County Court With Increased Jurisdiction, the defendant was convicted of malicious mischief. He has attempted to appeal from the judgment of conviction. The State moved this Court to dismiss the appeal on the ground that appellate jurisdiction has not attached because of failure to serve a notice of appeal. The record certified to us discloses a notice of...

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