[Go to Docket] | Filed Oct. 31, 1983 |
State of North Dakota, Plaintiff and Appellee
v.
Robert Jenkins, Defendant and Appellant
Criminal No. 936
Appeal from the District Court of Ward County, the Honorable Everett Nels Olson, Judge.
APPEAL DISMISSED.
Opinion of the Court by Sand, Justice.
Richard C. Wilkes, Assistant State's Attorney, Minot, for plaintiff and appellee.
Phillip D. Armstrong, Minot, for defendant and appellant.
State v. Jenkins
Sand, Justice.
The defendant, Robert Jenkins, appealed from the order denying his motion for judgment of acquittal.
The right of appeal in this State is purely statutory and is a jurisdictional matter which we may consider sua sponte. Trehus v. Job Service of North Dakota, 336 N.W.2d 362 (N.D. 1983); State v. Jefferson Park Books, Inc., 314 N.W.2d 73 (N.D. 1981).
The statutory authorization for appeals by the defendant to this Court in criminal matters is North Dakota Century Code § 29-28-06.
An appeal from an order denying a motion for judgment of acquittal is not contained within the aforementioned section and is not appealable per se, but would be reviewable as an issue if an appeal from the judgment of conviction or a verdict had been taken. But this is not what happened in this case.
Accordingly, the appeal is dismissed.
Paul M. Sand
Ralph J. Erickstad, C.J.
Gerald W. VandeWalle
Vernon R. Pederson
William L. Paulson, S.J.
Paulson, J., sitting as Surrogate J.