Denney v. State
This text of 1948 OK CR 91 (Denney 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.
Opinion
William Truman Denney was charged in the county court of Craig county with the offense of “driving a motor vehicle while under the influence of intoxicating liquor”; was tried, convicted, and a fine of $50 and 30 days in jail assessed by the jury.
No appearance was made by defendant at the time this case was set for oral argument, and no brief has been filed in his behalf. On November 21, 1947, a motion was filed by the Attorney General to dismiss the appeal for the reason that “the attempted appeal was not filed in this court until 122 days after the date of said sentence.” No response has been filed to this motion, which was served on counsel for defendant by mailing him a copy thereof on November 19, 1947.
An examination of the record sustains the facts set forth in the motion of the state to dismiss the appeal. 22 O. S. 1941, § 1054; Clasby v. State, 87 Okla. Cr. 173, 196 P. 2d 541; Loving v. State, 87 Okla. Cr. 150, 196 P. 2d 519; Butler v. State, 83 Okla. Cr. 105, 173 P. 2d 453; Jackson v. State, 86 Okla. Cr. 6, 188 P. 2d 878; Davidson v. State, 82 Okla. Cr. 152, 167 P. 2d 381.
*385 Por the reasons above stated, the motion to dismiss the appeal is sustained, and the case remanded to the trial court, with directions to enforce its judgment and sentence.
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Cite This Page — Counsel Stack
1948 OK CR 91, 198 P.2d 230, 87 Okla. Crim. 383, 1948 Okla. Crim. App. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/denney-v-state-oklacrimapp-1948.