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Chastain v. State

1934 OK CR 80, 33 P.2d 813, 56 Okla. Crim. 72, 1934 Okla. Crim. App. LEXIS 23
Court of Criminal Appeals of Oklahoma·Decided June 19, 1934·No. No. A-8723.·Published

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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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).

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Related

Sharer v. State
1928 OK CR 270 (Court of Criminal Appeals of Oklahoma, 1928)
Brown v. State
1933 OK CR 61 (Court of Criminal Appeals of Oklahoma, 1933)
Lutke v. State
1927 OK CR 136 (Court of Criminal Appeals of Oklahoma, 1927)
Burgess v. State
1921 OK CR 62 (Court of Criminal Appeals of Oklahoma, 1921)