Hill v. State

Court of Criminal Appeals of Oklahoma

Hill v. State

1912 OK CR 457, 127 P. 1118, 8 Okla. Crim. 730, 1912 Okla. Crim. App. LEXIS 428

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 30, 1912

DocketNo. A-1514.

StatusPublished

This text of 1912 OK CR 457 (Hill 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

Hill v. State, 1912 OK CR 457, 127 P. 1118, 8 Okla. Crim. 730, 1912 Okla. Crim. App. LEXIS 428 (Okla. Ct. App. 1912).

Pincite

Opinion

FURMAN, P. J.

On the 5th day of June, 1911, judgment was rendered in the county court of Washington eoiinty against appellant 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. From this judgment appellant attempted to appeal. The transcript of the record was not filed in this court until December 4, 1911, which was 182 days after the rendition of the judgment. In misdemeanor cases the appeal must be perfected by filing a transcript 'of the record in this court within 60 days from the date of judgment, *731 unless tie court by special order extends suel time; but in no event can this extension be for more than 120 days from the date of judgment. In this case there was no extension of time for filing the transcript in this court, and as the transcript was filed 122 days after; the time allowed by law, we did not acquire jurisdiction of the case and the appeal is therefore dismissed, with directions to the county court of Washington county to proceed with the execution of its judgment.

DOYLE, J., concurs. ABMSTBONG, J., absent, and not participating.

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FURMAN, P. J.

On the 5th day of June, 1911, judgment was rendered in the county court of Washington eoiinty against appellant 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. From this judgment appellant attempted to appeal. The transcript of the record was not filed in this court until December 4, 1911, which was 182 days after the rendition of the judgment. In misdemeanor cases the appeal must be perfected by filing a transcript 'of the record in this court within 60 days from the date of judgment, *731 unless tie court by special order extends suel time; but in no event can this extension be for more than 120 days from the date of judgment. In this case there was no extension of time for filing the transcript in this court, and as the transcript was filed 122 days after; the time allowed by law, we did not acquire jurisdiction of the case and the appeal is therefore dismissed, with directions to the county court of Washington county to proceed with the execution of its judgment.

DOYLE, J., concurs. ABMSTBONG, J., absent, and not participating.

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Bluebook (online)

1912 OK CR 457, 127 P. 1118, 8 Okla. Crim. 730, 1912 Okla. Crim. App. LEXIS 428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hill-v-state-oklacrimapp-1912.