Opinion
File No. 8978.
Opinion filed August 3, 1948.
Criminal Law.
Where notice of appeal was served and certified copy was filed in Supreme Court but no brief was filed, appeal was deemed abandoned and judgment appealed from would be affirmed.
Appeal from Circuit Court, Yankton County; Hon. C.C. Puckett, Judge.
Proceeding by the State of South Dakota against J.L. Mitchell. From an adverse judgment, the latter appeals.
Affirmed.
Walsh Brady, of Yankton, for Appellant.
Sigurd Anderson, Atty. Gen., and Lee H. Cope, State's Atty., of Yankton, for Respondent.
Notice of appeal in the above entitled action was served on December 9, 1947, and a certified copy thereof was filed in this Court on December 11, 1947. No brief has been filed by the appellant. The appeal is deemed abandoned and the judgment appealed from is affirmed.
All the Judges except RUDOLPH, J., not sitting, concur.