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STATE v. JENKINS

Cr. No. 936.

339 N.W.2d 567 (1983)

STATE of North Dakota, Plaintiff and Appellee, v. Robert JENKINS, Defendant and Appellant.

Supreme Court of North Dakota.

October 31, 1983.

Attorney(s) appearing for the Case

Richard C. Wilkes, Asst. State's Atty., Minot, for plaintiff and appellee.

Phillip D. Armstrong, Minot, for defendant and appellant.

SAND, Justice.

The defendant, Robert Jenkins, appealed from the order denying his motion for judgment of acquittal.

The right of appeal in this State is purely statutory and is a jurisdictional matter which we may consider sua sponte. Trehus v. Job Service of North Dakota, 336 N.W.2d 362 (N.D.1983); State v. Jefferson Park Books, Inc., 314 N.W.2d 73 (N.D.1981).

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