Opinion
No. 43480.
October 27, 1972.
Appeal and error — nonappealable order — order denying motion to dismiss prosecution for ordinance violation.
Appeal by Cara Nina Hardin from an order of the Hennepin County Municipal Court, John W. Hanson, Judge, denying her motion for dismissal of a complaint charging her with carrying a firearm in violation of a Minneapolis ordinance. Appeal dismissed.
Hartke, Atkins Montpetit and Jerrold M. Hartke, for appellant.
Keith M. Stidd, City Attorney, and Larry L. Warren, Assistant City Attorney, for respondent.
Considered by Knutson, C. J., and Otis, Peterson, and Kelly, JJ.
This matter comes to us on appeal from an order of the Hennepin County Municipal Court. The defendant challenged the jurisdiction of that court and moved to dismiss the complaint against her which charged her with carrying a firearm in violation of a city ordinance. The lower court denied the motion and we dismiss the appeal from that order.
Under Minn. St. 632.01, an appeal in a criminal case may only be taken from a judgment or order denying a new trial. For purposes of appeal, ordinance violations are considered criminal proceedings. Village of Crosby v. Stemich, 160 Minn. 261, 199 N.W. 918 (1924). Thus, the appeal in this case is from a nonappealable order and we therefore dismiss the same.
Appeal dismissed.