Goad v. State

Court of Criminal Appeals of Oklahoma

Goad v. State

1930 OK CR 502, 293 P. 1116, 49 Okla. Crim. 261, 1930 Okla. Crim. App. LEXIS 239

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 6, 1930

DocketNo. A-7551.

StatusPublished

Cited by1 cases

This text of 1930 OK CR 502 (Goad 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

Goad v. State, 1930 OK CR 502, 293 P. 1116, 49 Okla. Crim. 261, 1930 Okla. Crim. App. LEXIS 239 (Okla. Ct. App. 1930).

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Opinion

CHAPPELL, J.

The plaintiff in error was convicted in the county court of Seminole county on a charge of unlawful possession of intoxicating liquor, and her punishment fixed by the jury at a fine of $250 and imprisonment in the county jail for a period of 90 days.

Judgment and sentence was pronounced on the 22d day of May, 1929, and the record for appeal was lodged in this court on the 16th day of September, 1929. The record in this case shows that the court gave the plaintiff in error 30 days in which to make and serve case-made and thereafter extended the time for 30 days additional, Avhich time expired on July 22, 1929. No order was made by the trial court extending the time to file the appeal in this case beyond the 60 days provided by law. The appeal was not filed in this court until 115 days after judgment was rendered.

An appeal from a conviction for a misdemeanor must be filed in this court in 60 days, unless the court by proper order extends the time to file such appeal, which in any event cannot exceed 120 days from the date of the rendition of the judgment.

For the reasons stated, the appeal is dismissed.

EDWARDS, P. J., and DAVENPORT, J., concur.

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CHAPPELL, J.

The plaintiff in error was convicted in the county court of Seminole county on a charge of unlawful possession of intoxicating liquor, and her punishment fixed by the jury at a fine of $250 and imprisonment in the county jail for a period of 90 days.

Judgment and sentence was pronounced on the 22d day of May, 1929, and the record for appeal was lodged in this court on the 16th day of September, 1929. The record in this case shows that the court gave the plaintiff in error 30 days in which to make and serve case-made and thereafter extended the time for 30 days additional, Avhich time expired on July 22, 1929. No order was made by the trial court extending the time to file the appeal in this case beyond the 60 days provided by law. The appeal was not filed in this court until 115 days after judgment was rendered.

An appeal from a conviction for a misdemeanor must be filed in this court in 60 days, unless the court by proper order extends the time to file such appeal, which in any event cannot exceed 120 days from the date of the rendition of the judgment.

For the reasons stated, the appeal is dismissed.

EDWARDS, P. J., and DAVENPORT, J., concur.

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Bluebook (online)

1930 OK CR 502, 293 P. 1116, 49 Okla. Crim. 261, 1930 Okla. Crim. App. LEXIS 239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goad-v-state-oklacrimapp-1930.

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