Chastain v. State

Court of Criminal Appeals of Oklahoma

Chastain v. State

1934 OK CR 80, 33 P.2d 813, 56 Okla. Crim. 72, 1934 Okla. Crim. App. LEXIS 23

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 19, 1934

DocketNo. A-8723.

StatusPublished

This text of 1934 OK CR 80 (Chastain 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

Chastain v. State, 1934 OK CR 80, 33 P.2d 813, 56 Okla. Crim. 72, 1934 Okla. Crim. App. LEXIS 23 (Okla. Ct. App. 1934).

Pincite

Opinion

PER CURIAM.

Plaintiff in error, hereinafter called defendant, was convicted in county court of McIntosh county of possession of intoxicants and was sentenced to pay a fine of $100 and to serve 90 days in the county jail.

No notice of appeal was served, nor was same waived by Attorney General.

Appellant in a criminal case must serve written notice on court clerk and county attorney. Section 3193, Oída. Stat. 1931. ■ ■ ■

*73 It has been many times held by this court that where no notice is served, this court acquires no jurisdiction. Sharer v. State, 40 Okla. Cr. 420, 269 Pac. 511; Brown v. State, 55 Okla. Cr. 11, 23 Pac. (2d) 719; Burgess v. State, 18 Okla. Cr. 574, 197 Pac. 173; Lutke v. State, 37 Okla. Cr. 18, 255 Pac. 719.

The attempted appeal is dismissed.

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