93 N.W.2d 570
File No. 9699.Supreme Court of South Dakota.
Opinion filed December 16, 1958
Criminal Law.
Where appeal was perfected November 23, 1957, time for filing brief was extended to April 10, 1958, and no brief was filed by appellant in office of clerk of the Supreme Court, appeal would be dismissed for lack of prosecution, and judgment would be affirmed.
Appeal from Circuit Court, Pennington County, by the defendant, from a judgment against him.
Appeal dismissed and judgment affirmed.
No appearance for Appellant.
Phil Saunders, Atty. Gen., for Respondent.
PER CURIAM.
The appeal in the above matter was perfected November 23, 1957. Time for filing appellant’s brief was extended to April 10, 1958. No brief has been filed by appellant in the office of the clerk of this court.
Our order will be that the appeal be dismissed for lack of prosecution, and the judgment of the trial court affirmed.