Biggs v. State

Court of Criminal Appeals of Oklahoma

Biggs v. State

1914 OK CR 89, 140 P. 1032, 10 Okla. Crim. 691, 1914 Okla. Crim. App. LEXIS 194

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 25, 1914

DocketNo. A-2187.

StatusPublished

This text of 1914 OK CR 89 (Biggs v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Biggs v. State, 1914 OK CR 89, 140 P. 1032, 10 Okla. Crim. 691, 1914 Okla. Crim. App. LEXIS 194 (Okla. Ct. App. 1914).

Pincite

Opinion

PEE OTJEIAM.

The plaintiff in error, W. S. Biggs, was eonvieted at the November, 1913, term of the superior court of Muskogee county, on a charge of having the unlawful possession 0f intoxicating liquor with intent to sell the same and his punishment fixed at a fine of $150 and imprisonment in the county jail for a period of sixty days. Judgment was pronounced on the 13th day of December, 1913. The appeal was filed in this court on the 12th day of Pebruary, 1914. The Attorney General filed a motion to dismiss the appeal on the ground that the same was not filed in this court within the time allowed by the statute and the orders of the trial court. That court fixed sixty days within which plaintiff in error was required to perfect an appeal in this court. No extension of this time is shown by the record. The appeal was not filed within that time. It therefore follows that the motion to dismiss is well taken and must be sustained. This court has no jurisdiction to determine any question raised by record on the merits. The appeal is dismissed.

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PEE OTJEIAM.

The plaintiff in error, W. S. Biggs, was eonvieted at the November, 1913, term of the superior court of Muskogee county, on a charge of having the unlawful possession 0f intoxicating liquor with intent to sell the same and his punishment fixed at a fine of $150 and imprisonment in the county jail for a period of sixty days. Judgment was pronounced on the 13th day of December, 1913. The appeal was filed in this court on the 12th day of Pebruary, 1914. The Attorney General filed a motion to dismiss the appeal on the ground that the same was not filed in this court within the time allowed by the statute and the orders of the trial court. That court fixed sixty days within which plaintiff in error was required to perfect an appeal in this court. No extension of this time is shown by the record. The appeal was not filed within that time. It therefore follows that the motion to dismiss is well taken and must be sustained. This court has no jurisdiction to determine any question raised by record on the merits. The appeal is dismissed.

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Bluebook (online)

1914 OK CR 89, 140 P. 1032, 10 Okla. Crim. 691, 1914 Okla. Crim. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biggs-v-state-oklacrimapp-1914.