STATE v. RYAN, 65 S.D. 327 (1937)


273 N.W. 663

STATE, Respondent, v. RYAN, Appellant.

File No. 7889.Supreme Court of South Dakota.
Opinion filed June 1, 1937.

Criminal Law.

Where certified copy of notice of appeal was filed in office of clerk of Supreme Court on October 19, 1935, and no brief was filed and no further steps or proceedings were taken in prosecution of appeal with exception that by stipulation time for appellant to file brief was extended until September 16, 1936, appeal was abandoned on June 1, 1937, and judgment appealed from was affirmed.

Appeal from Circuit Court, Pennington County; HON. H.R. HANLEY, Judge.

Edward M. Ryan was convicted of grand larceny, and he appeals.

Affirmed.

Edward M. Ryan, pro se.

Walter Conway, Atty. Gen., for Respondent.

PER CURIAM.

This is an appeal by the defendant from a judgment entered against him in the curcuit court of Pennington county, which judgment was entered upon the verdict of a jury convicting the defendant of the crime of grand larceny. A certified copy of the notice of appeal was thereafter filed in the office of the clerk of the Supreme Court on the 19th day of October, 1935. No brief has been filed and no further steps or proceedings have been taken in the prosecution of this appeal with the exception that by stipulation the time for appellant to file his brief herein was extended until September 16, 1936.

Page 328

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

All the Judges concur.