STATE v. NICHOLS, 77 S.D. 581 (1959)

96 N.W.2d 307

STATE OF SOUTH DAKOTA, Respondent v. NICHOLS Appellant

File No. 9768.Supreme Court of South Dakota.
Opinion filed May 6, 1959

Appeal from Circuit Court, Pennington County, by defendant, from adverse judgment.

Appeal dismissed and judgment affirmed.

Frank E. Henderson, Rapid City, for Defendant-Appellant.

James H. Wilson, State’s Atty., Pennington County, Rapid City,Phil Saunders, Atty. Gen., for Plaintiff-Respondent.

PER CURIAM.

The record in the above entitled matter not having been settled within the time provided by SDC 33.0741, as amended by rule of this Court dated October 1, 1953 said appeal is deemed abandoned.

The appeal is accordingly dismissed and judgment affirmed.

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