Burton v. State

Court of Criminal Appeals of Oklahoma

Burton v. State

1910 OK CR 100, 109 P. 1113, 3 Okla. Crim. 730, 1910 Okla. Crim. App. LEXIS 241

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 21, 1910

DocketNo. A-33.

StatusPublished

This text of 1910 OK CR 100 (Burton 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

Burton v. State, 1910 OK CR 100, 109 P. 1113, 3 Okla. Crim. 730, 1910 Okla. Crim. App. LEXIS 241 (Okla. Ct. App. 1910).

Pincite

Opinion

PER CURIAM.

The state has filed a motion to dismiss this appeal on two grounds: First, that this court is without jurisdiction to hear and determine the same, because it is not shown that notice of appeal was served upon the county judge, or the clerk of the county court, or upon the county attorney; and, second, for want of prosecution, because no brief has been filed on the part of plaintiff in error. The motion is well taken on both grounds. The case-made shows no service of notice of appeal upon either the county attorney, county judge, or clerk of the county court. Service of such notice is an indispensable prerequisite to the taking of an appeal, and where such notice is not given this court acquires no jurisdiction of the cause on appeal. Also the petition in error was filed in this court on November 13, 1908, and no brief has been filed in behalf of plaintiff in error to this &.3.J. The motion to dismiss will therefore be sustained. The ap *731 peal is dismised, and a mandate is ordered issued to the county court of Choctaw county, directing said court to enforce its judgment herein.

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PER CURIAM.

The state has filed a motion to dismiss this appeal on two grounds: First, that this court is without jurisdiction to hear and determine the same, because it is not shown that notice of appeal was served upon the county judge, or the clerk of the county court, or upon the county attorney; and, second, for want of prosecution, because no brief has been filed on the part of plaintiff in error. The motion is well taken on both grounds. The case-made shows no service of notice of appeal upon either the county attorney, county judge, or clerk of the county court. Service of such notice is an indispensable prerequisite to the taking of an appeal, and where such notice is not given this court acquires no jurisdiction of the cause on appeal. Also the petition in error was filed in this court on November 13, 1908, and no brief has been filed in behalf of plaintiff in error to this &.3.J. The motion to dismiss will therefore be sustained. The ap *731 peal is dismised, and a mandate is ordered issued to the county court of Choctaw county, directing said court to enforce its judgment herein.

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Bluebook (online)

1910 OK CR 100, 109 P. 1113, 3 Okla. Crim. 730, 1910 Okla. Crim. App. LEXIS 241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-state-oklacrimapp-1910.