High v. State

Court of Criminal Appeals of Oklahoma

High v. State

1913 OK CR 92, 131 P. 189, 9 Okla. Crim. 183, 1913 Okla. Crim. App. LEXIS 111

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 12, 1913

DocketNo. A-1916.

StatusPublished

Cited by4 cases

This text of 1913 OK CR 92 (High 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

High v. State, 1913 OK CR 92, 131 P. 189, 9 Okla. Crim. 183, 1913 Okla. Crim. App. LEXIS 111 (Okla. Ct. App. 1913).

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Opinion

FURMAN, J.

Section 6948, Comp. Laws 1909 (Rev. Laws, 5991). is as follows:

“In misdemeanor cases the appeal must be taken within sixty days after the judgment is rendered; provided, however, that the trial court may, for good cause shown, extend the time in which the appeal may be taken not exceeding sixty days.”

In this ease the appellant was convicted for a violation of the prohibitory liquor law, and his punishment was assessed at a fine of $50, and 30 days confinement in the county jail. *184 Judgment was rendered against appellant on the 24th day of August, 1912, but the appeal was not perfected by filing the record in this court until February 20, 1913. As the appeal was not perfected within the time required by law, this court has not acquired jurisdiction of the cause. As no counsel has appeared in this court to represent appellant, we are impelled to the belief that this attempted appeal was used merely for the purpose of securing delay.

The appeal is dismissed for want of ¡jurisdiction, and the cause is remanded to the county court of Eoger Mills county, with directions to the trial court to proceed with the enforcement of its judgment.

ARMSTRONG, P. J., and DOYLE, J., concur.

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FURMAN, J.

Section 6948, Comp. Laws 1909 (Rev. Laws, 5991). is as follows:

“In misdemeanor cases the appeal must be taken within sixty days after the judgment is rendered; provided, however, that the trial court may, for good cause shown, extend the time in which the appeal may be taken not exceeding sixty days.”

In this ease the appellant was convicted for a violation of the prohibitory liquor law, and his punishment was assessed at a fine of $50, and 30 days confinement in the county jail. *184 Judgment was rendered against appellant on the 24th day of August, 1912, but the appeal was not perfected by filing the record in this court until February 20, 1913. As the appeal was not perfected within the time required by law, this court has not acquired jurisdiction of the cause. As no counsel has appeared in this court to represent appellant, we are impelled to the belief that this attempted appeal was used merely for the purpose of securing delay.

The appeal is dismissed for want of ¡jurisdiction, and the cause is remanded to the county court of Eoger Mills county, with directions to the trial court to proceed with the enforcement of its judgment.

ARMSTRONG, P. J., and DOYLE, J., concur.

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Bluebook (online)

1913 OK CR 92, 131 P. 189, 9 Okla. Crim. 183, 1913 Okla. Crim. App. LEXIS 111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/high-v-state-oklacrimapp-1913.

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