Forney v. State

Court of Criminal Appeals of Oklahoma

Forney v. State

114 P. 1130, 5 Okla. Crim. 678

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 21, 1911

DocketNo. A-505.

StatusPublished

This text of 114 P. 1130 (Forney 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

Forney v. State, 114 P. 1130, 5 Okla. Crim. 678 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

This case was tried in the county court of Osage county, and upon a verdict of guilty the plaintiff in error was sentenced, on the 24th day of September, 1909, to .pay a fine of $100 and be confined in the county jail of Osage county for three months. Upon this date the plaintiff in error was given sixty days to make and serve case-made. No time was fixed by the court extending the time in which to file the appeal, as provided by the statute. Section 6948, Snyder’s Comp. Laws of 1909, provides that the appeal must be filed within sixty days from the date of the judgment unless for *679 good cause shown the court extends the time, and under this section of the statute it cannot he extended more than sixty days. The appeal in this case was filed on December 24th, thirty-one days too late. There are other defects in the record, hut for this defect, which is fatal, the appeal will have to be dismissed, and it is so ordered.

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PER CURIAM.

This case was tried in the county court of Osage county, and upon a verdict of guilty the plaintiff in error was sentenced, on the 24th day of September, 1909, to .pay a fine of $100 and be confined in the county jail of Osage county for three months. Upon this date the plaintiff in error was given sixty days to make and serve case-made. No time was fixed by the court extending the time in which to file the appeal, as provided by the statute. Section 6948, Snyder’s Comp. Laws of 1909, provides that the appeal must be filed within sixty days from the date of the judgment unless for *679 good cause shown the court extends the time, and under this section of the statute it cannot he extended more than sixty days. The appeal in this case was filed on December 24th, thirty-one days too late. There are other defects in the record, hut for this defect, which is fatal, the appeal will have to be dismissed, and it is so ordered.

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Bluebook (online)

114 P. 1130, 5 Okla. Crim. 678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/forney-v-state-oklacrimapp-1911.