Byers v. State

Court of Criminal Appeals of Oklahoma

Byers v. State

1911 OK CR 386, 117 P. 653, 6 Okla. Crim. 623, 1911 Okla. Crim. App. LEXIS 337

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 5, 1911

DocketNo. A-680.

StatusPublished

Cited by1 cases

This text of 1911 OK CR 386 (Byers 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

Byers v. State, 1911 OK CR 386, 117 P. 653, 6 Okla. Crim. 623, 1911 Okla. Crim. App. LEXIS 337 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

On the 27th day of November, 1911, judgment was pronounced against appellant for violating the prohibitory liquor law, and he was sentenced to pay a fine of $50 and to be confined in the county jail for a period of 30 days. At the time of the rendition of the judgment appellant was allowed by the court 60 days time within which to perfect his appeal to this court. The case-made contains a stipulation signed on the 27th day of December, 1909, by the county attorney and counsel for appellant, in which it is stated that it contains a true and correct copy of all the records, judgments and journal entries in said ease. The ease-made was signed and certified by the county judge on the 3rd day of January, 1910, and his signature is duly attested by the clerk of said court and verified by the seal of. said court. Attached to the case-made but below the signature of the county judge is what purports to be an order extending the time within which appellant might perfect his appeal to the 27th day of March, 1910. This constitutes no part of the case-made and cannot be considered by us. See Fortner v. State, 5 Okla. Cr. 609. Appellant did not perfect his appeal until the 26th day of March, 1910. As this was after the time allowed by the trial court within which the appellant should perfect his appeal, we have no jurisdiction of the case and the appeal is therefore dismissed.

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PER CURIAM.

On the 27th day of November, 1911, judgment was pronounced against appellant for violating the prohibitory liquor law, and he was sentenced to pay a fine of $50 and to be confined in the county jail for a period of 30 days. At the time of the rendition of the judgment appellant was allowed by the court 60 days time within which to perfect his appeal to this court. The case-made contains a stipulation signed on the 27th day of December, 1909, by the county attorney and counsel for appellant, in which it is stated that it contains a true and correct copy of all the records, judgments and journal entries in said ease. The ease-made was signed and certified by the county judge on the 3rd day of January, 1910, and his signature is duly attested by the clerk of said court and verified by the seal of. said court. Attached to the case-made but below the signature of the county judge is what purports to be an order extending the time within which appellant might perfect his appeal to the 27th day of March, 1910. This constitutes no part of the case-made and cannot be considered by us. See Fortner v. State, 5 Okla. Cr. 609. Appellant did not perfect his appeal until the 26th day of March, 1910. As this was after the time allowed by the trial court within which the appellant should perfect his appeal, we have no jurisdiction of the case and the appeal is therefore dismissed.

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Bluebook (online)

1911 OK CR 386, 117 P. 653, 6 Okla. Crim. 623, 1911 Okla. Crim. App. LEXIS 337, Counsel Stack Legal Research, https://law.counselstack.com/opinion/byers-v-state-oklacrimapp-1911.

Opinion

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