State v. Atanosoff

138 Minn. 321 | Minn. | 1917

Dibell, C.

The defendant was convicted of murder in the second degree and appeals from the order denying his motion to settle a ease and his motion for a new trial.

1. There is no settled case nor bill of exceptions. The court denied the defendant’s motion to settle his proposed case. The order denying the motion is not appealable nor is it reviewable on the appeal from the order denying the motion for a new trial. Mandamus is the remedy. 1 Dunnell, Minn. Dig. § 1383, et seq; Richards on v. Rogers, 37 Minn. 461, 35 N. W. 270; Schumann v. Mark, 35 Minn. 379, 28 N. W. 927; State v. MacDonald, 30 Minn. 98, 14 N.W. 459; State v. Cox, 26 Minn. 214, 2 N. W. 494.

2. In the absence of a certification under the statute, or a bill of exceptions or settled case, a ruling on a challenge to the grand jury cannot be reviewed; nor without a ease or bill of exceptions can rulings at the trial or the sufficiency of the evidence to sustain the verdict be considered. See G. S. 1913, § 9251; 1 Dunnell, Minn. Dig. & 1916 Supp. §§ 342-350, 1368, 1369, 2493, and cases cited. This is the character of the objections-urged by the appellant.

So far as the appeal is directed to the order denying the defendant’s motion to settle a case it is dismissed. So far as the order denies a new trial it is affirmed.

Order affirmed.