Gabbert v. State

Court of Criminal Appeals of Oklahoma

Gabbert v. State

1916 OK CR 92, 160 P. 33, 12 Okla. Crim. 559, 1916 Okla. Crim. App. LEXIS 99

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 7, 1916

DocketNo. A-2650.

StatusPublished

This text of 1916 OK CR 92 (Gabbert 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

Gabbert v. State, 1916 OK CR 92, 160 P. 33, 12 Okla. Crim. 559, 1916 Okla. Crim. App. LEXIS 99 (Okla. Ct. App. 1916).

Pincite

Opinion

ARMSTRONG, J.

The plaintiff in error, Fred Gabbert, was convicted at the November, 1915, term of the County Court of Garvin county, upon a charge of unlawfully conveying intoxicating liquor to a point in Garvin county, and his punishment fixed at a fine of $100.00 and imprisonment in the county jail for a term of sixty days. Judgment was pronounced on the first day of November, 1915. The appeal was file'd in this court on the 8th day of February, 1916.

The Attorney General filed a motion- to dismiss' the appeal on the ground that the same was not perfected in the time and in the manner provided by law. No answer has been filed to the motion. An examination of the record discloses the fact that the motion was well taken. It is, therefore, sustained.

*560 It is the duty of counsel to perfect appeals from the trial court to this court within the time provided by law and the order of the court.

Appeals in misdemeanor cases must be perfected in this court within 120 days from the date of the judgment. The trial court has no power to extend the time for filing appeals beyond that period. It is uniformly held that the failure to file an appeal within the time provided by the statute and the orders of the trial court is fatal to the jurisdiction of this court and that this court is without jurisdiction to review th,e record on the merits and have jurisdiction only to dismiss the same and direct the trial court to enforce the judgment and sentence.

The appeal is dismissed. Mandate ordered forthwith.

DOYLE, P. J., and BRETT, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

ARMSTRONG, J.

The plaintiff in error, Fred Gabbert, was convicted at the November, 1915, term of the County Court of Garvin county, upon a charge of unlawfully conveying intoxicating liquor to a point in Garvin county, and his punishment fixed at a fine of $100.00 and imprisonment in the county jail for a term of sixty days. Judgment was pronounced on the first day of November, 1915. The appeal was file'd in this court on the 8th day of February, 1916.

The Attorney General filed a motion- to dismiss' the appeal on the ground that the same was not perfected in the time and in the manner provided by law. No answer has been filed to the motion. An examination of the record discloses the fact that the motion was well taken. It is, therefore, sustained.

*560 It is the duty of counsel to perfect appeals from the trial court to this court within the time provided by law and the order of the court.

Appeals in misdemeanor cases must be perfected in this court within 120 days from the date of the judgment. The trial court has no power to extend the time for filing appeals beyond that period. It is uniformly held that the failure to file an appeal within the time provided by the statute and the orders of the trial court is fatal to the jurisdiction of this court and that this court is without jurisdiction to review th,e record on the merits and have jurisdiction only to dismiss the same and direct the trial court to enforce the judgment and sentence.

The appeal is dismissed. Mandate ordered forthwith.

DOYLE, P. J., and BRETT, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1916 OK CR 92, 160 P. 33, 12 Okla. Crim. 559, 1916 Okla. Crim. App. LEXIS 99, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gabbert-v-state-oklacrimapp-1916.