Emerson v. City of Tulsa

Court of Criminal Appeals of Oklahoma

Emerson v. City of Tulsa

1936 OK CR 62, 61 P.2d 1023, 59 Okla. Crim. 359, 1936 Okla. Crim. App. LEXIS 74

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 1, 1936

DocketNo. A-8980.

StatusPublished

Cited by1 cases

This text of 1936 OK CR 62 (Emerson v. City of Tulsa) 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.

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Emerson v. City of Tulsa, 1936 OK CR 62, 61 P.2d 1023, 59 Okla. Crim. 359, 1936 Okla. Crim. App. LEXIS 74 (Okla. Ct. App. 1936).

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Opinion

PER CURIAM.

Plaintiff in error, hereinafter called defendant, was convicted in the municipal criminal court of Tulsa of having possession of devices for receiving bets, wagers, etc., in a gambling game, and was sentenced to serve 20 days in the county jail and to pay a fine oí) $20. The prosecution was under section 16, chap. 33, Tulsa Ordinances, which defines a crime for any person to have in his possession any device for the purpose of receiving, accepting, recording, or registering any bet or wager. The judgment was entered on March 2, 1935, and the appeal was lodged in this court August 24, 1935. The extreme limit within which appeals from a conviction for a misdemeanor may be taken is 120 days. Section 3192, Okla, St. 1931; Conner v. State, 24 Okla. Cr. 194, 217 Pac. 226. The appeal not having been taken within the time fixed by law, it comes too late and this court does not acquire jurisdiction.

The attempted appeal is dismissed.

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PER CURIAM.

Plaintiff in error, hereinafter called defendant, was convicted in the municipal criminal court of Tulsa of having possession of devices for receiving bets, wagers, etc., in a gambling game, and was sentenced to serve 20 days in the county jail and to pay a fine oí) $20. The prosecution was under section 16, chap. 33, Tulsa Ordinances, which defines a crime for any person to have in his possession any device for the purpose of receiving, accepting, recording, or registering any bet or wager. The judgment was entered on March 2, 1935, and the appeal was lodged in this court August 24, 1935. The extreme limit within which appeals from a conviction for a misdemeanor may be taken is 120 days. Section 3192, Okla, St. 1931; Conner v. State, 24 Okla. Cr. 194, 217 Pac. 226. The appeal not having been taken within the time fixed by law, it comes too late and this court does not acquire jurisdiction.

The attempted appeal is dismissed.

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Bluebook (online)

1936 OK CR 62, 61 P.2d 1023, 59 Okla. Crim. 359, 1936 Okla. Crim. App. LEXIS 74, Counsel Stack Legal Research, https://law.counselstack.com/opinion/emerson-v-city-of-tulsa-oklacrimapp-1936.

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