STATE v. McCREARY, 81 S.D. 212 (1965)


132 N.W.2d 826

STATE, Respondent v. McCREARY et al., Appellants

File No. 10191.Supreme Court of South Dakota.
Opinion filed February 3, 1965

Appeal and Error.

Appeal was deemed abandoned by February, and judgment was affirmed, where appellant did not file brief or take other proceedings in prosecution of appeal after record was settled September 1.

Appeal from Circuit Court, Roberts County; Hon. Frank S. Tait, Judge.

Defendant has appealed from judgment rendered in criminal proceedings.

Affirmed.

Milton Cameron, Sisseton, for defendants and appellants.

Page 213

Frank L. Farrar, Atty. Gen., Pierre, Wallace R. Brantseg,
State’s Atty., Roberts County, Sisseton, for plaintiff and respondent.

PER CURIAM.

An appeal to this court was taken by the serving and filing of notice of appeal on August 17, 1964. The record was settled on September 1, 1964. Appellant has not filed a brief or taken other proceedings in prosecution of the appeal.

The appeal is deemed abandoned and the judgment appealed from is affirmed.