Florez v. Territory of Arizona

Arizona Supreme Court

Florez v. Territory of Arizona

128 P. 49, 14 Ariz. 343, 1912 Ariz. LEXIS 154

CourtArizona Supreme Court

DecidedNovember 23, 1912

DocketCriminal No. 317

StatusPublished

Cited by1 cases

This text of 128 P. 49 (Florez v. Territory of Arizona) is published on Counsel Stack Legal Research, covering Arizona Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Florez v. Territory of Arizona, 128 P. 49, 14 Ariz. 343, 1912 Ariz. LEXIS 154 (Ark. 1912).

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Opinion

ROSS, J.

An inspection of the record on file in this court discloses that no legal or proper notice of appeal was given. There was an oral notice of appeal made in open court by appellant, hut that is not a compliance with the law. The notice of appeal must he in writing and filed with the clerk of the trial court. Penal Code, par. 1044. Such written notice is jurisdictional. Territory v. Hunter, 4 Ariz. 197, 36 Pac. 175.

The appeal is dismissed.

FRANKLIN, C. J., and CUNNINGHAM, J., coneur. ■

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ROSS, J.

An inspection of the record on file in this court discloses that no legal or proper notice of appeal was given. There was an oral notice of appeal made in open court by appellant, hut that is not a compliance with the law. The notice of appeal must he in writing and filed with the clerk of the trial court. Penal Code, par. 1044. Such written notice is jurisdictional. Territory v. Hunter, 4 Ariz. 197, 36 Pac. 175.

The appeal is dismissed.

FRANKLIN, C. J., and CUNNINGHAM, J., coneur. ■

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Bluebook (online)

128 P. 49, 14 Ariz. 343, 1912 Ariz. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/florez-v-territory-of-arizona-ariz-1912.

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