STATE v. EMMIL

Crim. No. 365.

172 N.W.2d 589 (1969)

STATE of North Dakota, Plaintiff and Respondent, v. Larry EMMIL, Defendant and Appellant.

Supreme Court of North Dakota.

November 25, 1969.


Attorney(s) appearing for the Case

Helgi Johanneson, Atty. Gen., Bismarck, and Bruce R. Howe, State's Atty., and Albert J. Hardy, Asst. State's Atty., Dickinson, for plaintiff and respondent.

Greenwood, Swanson, Murtha & Moench, Dickinson, for defendant and appellant.


STRUTZ, Judge.

This is a criminal action. The defendant was found guilty of aggravated reckless driving after trial to the court without a jury. He has taken this appeal from the judgment of conviction and from the order denying his motion for new trial.

We are faced at the outset with a motion by the State to dismiss the appeal on the ground that the appeal was not timely taken. We first will consider this motion...

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