Gunter v. State

Court of Criminal Appeals of Oklahoma

Gunter v. State

1921 OK CR 24, 195 P. 148, 18 Okla. Crim. 716, 1921 Okla. Crim. App. LEXIS 195

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 5, 1921

DocketA-3569

StatusPublished

Cited by1 cases

This text of 1921 OK CR 24 (Gunter 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

Gunter v. State, 1921 OK CR 24, 195 P. 148, 18 Okla. Crim. 716, 1921 Okla. Crim. App. LEXIS 195 (Okla. Ct. App. 1921).

Pincite

Opinion

PER CURIAM.

This is an attempted appeal from the district court of Oklahoma county, wherein the defendant, Lela Gunter, was on the 14th day of December, 1918, adjudged guilty of the crime, of forgery in the second degree, and sentenced to serve a term of imprisonment in the state penitentiary for a period of six months.

The Attorney General has filed a motion to dismiss the appeal in this cause for the reasons that no notices of appeal were served upon the county attorney of Oklahoma county or upon the clerk of ithe trial court within the time allowed for taking the appeal, nor was there any summons in error issued and served upon the Attorney General, or a waiver of the issuance and service of same by- such officer.

The case-made and other papers filed in this case in this court fail to disclose that plaintiff in error, within the time allowed for taking the appeal, served any, notices of appeal either upon the clerk of the trial court or the county attorney of Oklahoma county, as provided in action 5992, Revised La-ws 1910, or ever had issued and served a summons in error upon .the Attorney General, or that there was a waiver of the issuance and service of a summons in error by such officer, as provided in section 5997, Revised Laws 1910. Either the-method provided in section 5992 or that provided in section 5997 must be followed before this court can acquire jurisdiction of an appeal in a criminal cause. Mann v. State, 17 Okla. Cr. 703, 186 Pac. 1098; Robinson v. State, 17 Okla. Cr. 717, 189 Pac. 763; Sarten v. State, 18 Okla. Cr. 107, 193 Pac. 743; Otha Taylor v. State, 18 Okla. Cr. 202, 194 Pac. 263, decided January 8, 1921.

Eor the reason -that no notices of appeal were served, as provided in section 5992, or summons in error issued and served, or waiver of the issuance and service of same, as provided in section 5997, the appeal is dismissed, and the cause remanded to the trial court, with- directions to enforce the judgment.

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PER CURIAM.

This is an attempted appeal from the district court of Oklahoma county, wherein the defendant, Lela Gunter, was on the 14th day of December, 1918, adjudged guilty of the crime, of forgery in the second degree, and sentenced to serve a term of imprisonment in the state penitentiary for a period of six months.

The Attorney General has filed a motion to dismiss the appeal in this cause for the reasons that no notices of appeal were served upon the county attorney of Oklahoma county or upon the clerk of ithe trial court within the time allowed for taking the appeal, nor was there any summons in error issued and served upon the Attorney General, or a waiver of the issuance and service of same by- such officer.

The case-made and other papers filed in this case in this court fail to disclose that plaintiff in error, within the time allowed for taking the appeal, served any, notices of appeal either upon the clerk of the trial court or the county attorney of Oklahoma county, as provided in action 5992, Revised La-ws 1910, or ever had issued and served a summons in error upon .the Attorney General, or that there was a waiver of the issuance and service of a summons in error by such officer, as provided in section 5997, Revised Laws 1910. Either the-method provided in section 5992 or that provided in section 5997 must be followed before this court can acquire jurisdiction of an appeal in a criminal cause. Mann v. State, 17 Okla. Cr. 703, 186 Pac. 1098; Robinson v. State, 17 Okla. Cr. 717, 189 Pac. 763; Sarten v. State, 18 Okla. Cr. 107, 193 Pac. 743; Otha Taylor v. State, 18 Okla. Cr. 202, 194 Pac. 263, decided January 8, 1921.

Eor the reason -that no notices of appeal were served, as provided in section 5992, or summons in error issued and served, or waiver of the issuance and service of same, as provided in section 5997, the appeal is dismissed, and the cause remanded to the trial court, with- directions to enforce the judgment.

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Bluebook (online)

1921 OK CR 24, 195 P. 148, 18 Okla. Crim. 716, 1921 Okla. Crim. App. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gunter-v-state-oklacrimapp-1921.

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