Hale v. State

Court of Criminal Appeals of Oklahoma

Hale v. State

1911 OK CR 460, 118 P. 1108, 6 Okla. Crim. 656, 1911 Okla. Crim. App. LEXIS 474

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 31, 1911

DocketNo. A-1059.

StatusPublished

This text of 1911 OK CR 460 (Hale 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

Hale v. State, 1911 OK CR 460, 118 P. 1108, 6 Okla. Crim. 656, 1911 Okla. Crim. App. LEXIS 474 (Okla. Ct. App. 1911).

Pincite

Opinion

FURMAN, P. J.

The Assistant Attorney General, Smith C. Mat-son, on the 24th day of May, 1911, filed the following motion to dismiss the appeal in this case:

“Now comes the Attorney General and appearing specially and for the purpose of this motion only, moves the court to dismiss the appeal in the above entitled case for the following reason: Because the record shows (page 60) that this is an attempted appeal from a judgment of conviction for a misdemeanor rendered in the county court of Greer county on November 25, 1910, and the petition in error and case-made were not filed in this counrt until the 31st day of March, 1911, more than 120 days thereafter and after the extreme statutory time for perfecting the appeal as provided in see. 6948, Snyder’s Comp. Laws Okla. 1909, had expired. Wherefore, the Attorney General says that this court is without jurisdiction except to dismiss the appeal.”

This motion has just been called to our attention. Upon an examination of the record we find that the facts stated in the motion are true. The motion to -dismiss is therefore sustained.

ARMSTRONG and DOYLE, JJ., concur.

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FURMAN, P. J.

The Assistant Attorney General, Smith C. Mat-son, on the 24th day of May, 1911, filed the following motion to dismiss the appeal in this case:

“Now comes the Attorney General and appearing specially and for the purpose of this motion only, moves the court to dismiss the appeal in the above entitled case for the following reason: Because the record shows (page 60) that this is an attempted appeal from a judgment of conviction for a misdemeanor rendered in the county court of Greer county on November 25, 1910, and the petition in error and case-made were not filed in this counrt until the 31st day of March, 1911, more than 120 days thereafter and after the extreme statutory time for perfecting the appeal as provided in see. 6948, Snyder’s Comp. Laws Okla. 1909, had expired. Wherefore, the Attorney General says that this court is without jurisdiction except to dismiss the appeal.”

This motion has just been called to our attention. Upon an examination of the record we find that the facts stated in the motion are true. The motion to -dismiss is therefore sustained.

ARMSTRONG and DOYLE, JJ., concur.

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Bluebook (online)

1911 OK CR 460, 118 P. 1108, 6 Okla. Crim. 656, 1911 Okla. Crim. App. LEXIS 474, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hale-v-state-oklacrimapp-1911.