State v. Dachtler

1. Criminal Law — Appeals—Dismissal of Appeal, Record, Necessity of Substantial Statements in Brief,- Non-affected. by Fact That Original Record Goes Up — Statement Re Information,. Sufficiency. In. denying a motion to dismiss an appeal in a criminal case, held, that the fact that in criminal cases the original record is sent up to Supreme Court does not change the rule as to substantial statements that should be contained in the briefs. Held, further, that a statement in appellant s brief that defendant was duly informed against, is sufficient where appellant does not question sufficiency of information. 2. Same — Appellant’s Brief, Showing New Trial Sought Be' Sufficiency of Evidence, “Proper Specification of Particulars,” That Record Settled, Etc. and Error Assigned, Sufficiency to Raise Question of Evidence — Presumption Re Record Where in a criminal case, appellant’s brief showed motion for new trial involving sufficiency of evidence, proper specifications of particulars, extension of time for settlement of record, and moving for new trial, settlement of record and motion for new trial, denial thereof, and that adverse ruling re the motion is assigned as error, the brief is sufficient to raise question of sufficiency of evidence to sustain verdict; and the briefs are within the ruling announced in State ex rel v. Pond, 32 S. D. 492, concerning presumption in absence of adverse showing, that settled record contained specification sustaining assignments of error urged on appeal; motion to dismiss appeal is therefore denied.

Appeal from Circuit Court, Meade 'County. Hon. James McNenny, Judge. Information by the State against 'William Daohtler. ' On motion to dismiss appeal to Supreme Court.