Harkness v. Territory

Court of Criminal Appeals of Oklahoma

Harkness v. Territory

1910 OK CR 75, 106 P. 558, 3 Okla. Crim. 628, 1910 Okla. Crim. App. LEXIS 172

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 25, 1910

DocketNo. A-46.

StatusPublished

This text of 1910 OK CR 75 (Harkness v. Territory) 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

Harkness v. Territory, 1910 OK CR 75, 106 P. 558, 3 Okla. Crim. 628, 1910 Okla. Crim. App. LEXIS 172 (Okla. Ct. App. 1910).

Pincite

Opinion

FURMAN, PRESIDING Judge.

On the 28th day of October, 1907, judgment was rendered against the defendant. The record was not filed in this court until December 3, 1908. Under the law in force at the date of the rendition of the judgment in this case, it was necessary that an appeal, in a criminal case, should be taken within one year after the date of the judgment. This time having expired before the record ijn this case was filed in this court, we are without jurisdiction to consider the case. Boneparte v. United States, ante; p. 345, 106 Pac. 347, If a defendant can file a record in this court after the time for perfecting the appeal has expired, there would be no limit to the time in which an appeal could be perfected.

The appeal is therefore dismissed.

DOYLE and OWEN, Judges, concur.

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

FURMAN, PRESIDING Judge.

On the 28th day of October, 1907, judgment was rendered against the defendant. The record was not filed in this court until December 3, 1908. Under the law in force at the date of the rendition of the judgment in this case, it was necessary that an appeal, in a criminal case, should be taken within one year after the date of the judgment. This time having expired before the record ijn this case was filed in this court, we are without jurisdiction to consider the case. Boneparte v. United States, ante; p. 345, 106 Pac. 347, If a defendant can file a record in this court after the time for perfecting the appeal has expired, there would be no limit to the time in which an appeal could be perfected.

The appeal is therefore dismissed.

DOYLE and OWEN, Judges, concur.

Cite This Page — Counsel Stack

Bluebook (online)

1910 OK CR 75, 106 P. 558, 3 Okla. Crim. 628, 1910 Okla. Crim. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harkness-v-territory-oklacrimapp-1910.

Opinion

Related

Cite This Page — Counsel Stack