Erwin v. State

Court of Criminal Appeals of Oklahoma

Erwin v. State

1937 OK CR 193, 74 P.2d 1173, 63 Okla. Crim. 315, 1937 Okla. Crim. App. LEXIS 184

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 23, 1937

DocketNo. A-9329.

StatusPublished

Cited by2 cases

This text of 1937 OK CR 193 (Erwin 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

Erwin v. State, 1937 OK CR 193, 74 P.2d 1173, 63 Okla. Crim. 315, 1937 Okla. Crim. App. LEXIS 184 (Okla. Ct. App. 1937).

Pincite

Opinion

PER CURIAM.

The plaintiff in error was convicted, in the district court of Jackson county, of burglary in the second degree, and his punishment fixed at two years in the state penitentiary.

This appeal must be dismissed for the reason that no notice of appeal was served on the clerk of the court and county attorney as required by section 3193, O. S. 1931, 22 Okla. St. Ann. § 1055, which section in part reads as follows:

“An appeal is taken by the service of a notice upon the clerk of the court where the judgment was entered, stating that the appellant appeals from the judgment. If taken by the defendant, a similar notice must be served upon the prosecuting attorney.”

A failure to serve a notice upon the clerk of the court and the prosecuting attorney is jurisdictional. Lutke v. State, 37 Okla. Cr. 18, 255 Pac. 719; Austin v. State, 55 Okla. Cr. 278, 28 Pac. 2d 1113.

The appeal is dismissed.

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