176 N.W. 521 | S.D. | 1920
This is a direct appeal from an order denying appellant’s motion to dismiss a criminal prosecution against appellant. The motion was founded upon section 630, Code Crim. Proc. 1903 (Rev. Code 1919, § 4808), which provides that:
“If a defendant, prosecuted for a public offense, whose trial 'has not been postponed upon his application, is not brought to trial at the next term 'of court in which the indictment or information is triable, the court must order the prosecution to be dismissed, unless good cause to the contrary is shown.”
The appeal is therefore dismissed for want of jurisdiction.