STATE v. RUMPEL, 64 S.D. 141 (1936)


264 N.W. 820

STATE, Respondent, v. RUMPEL, et al, Appellants.

File No. 7842.Supreme Court of South Dakota.
Opinion filed February 7, 1936.

Appeal and Error.

Where no steps were taken after filing of copy of notice of appeal and undertaking on May 21st, appeal was abandoned on following February 7th, and order appealed from was affirmed.

Appeal from Municipal Court of Sioux Falls; HON. RANSOM GIBBS, Judge.

Action by the State of South Dakota against Olga Rumpel and another. From the judgment, defendants appeal.

Affirmed.

Leo M. Fitzpatrick, of Sioux Falls, for Appellants.

Louis N. Crill, State’s Attorney, of Sioux Falls, for Respondent.

Page 142

PER CURIAM.

On the 21st day of May, 1935, a certified copy of the notice of appeal, and of the undertaking on appeal, were filed in the office of the clerk of this court. Since said date no brief or other paper of any kind has been filed herein; nor have any other steps in the prosecution of said appeal been taken; therefore, said appeal is deemed to have been abandoned, and the order herein appealed from is affirmed.

All Judges concurring.