Howard v. State

Court of Criminal Appeals of Oklahoma

Howard v. State

1948 OK CR 30, 192 P.2d 297, 86 Okla. Crim. 289, 1948 Okla. Crim. App. LEXIS 159

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 31, 1948

DocketNo. A-10853.

StatusPublished

Cited by1 cases

This text of 1948 OK CR 30 (Howard 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

Howard v. State, 1948 OK CR 30, 192 P.2d 297, 86 Okla. Crim. 289, 1948 Okla. Crim. App. LEXIS 159 (Okla. Ct. App. 1948).

Pincite

Opinion

BAREFOOT, P. J.

Mrs. Glen Howard, the defendant, was charged in the court of common pleas of Tulsa county with the offense of cruelty to animals; waived a jury and was tried before the court, found guilty and sentenced to pay a fine of $25 and the costs, and has appealed.

Defendant, in her brief, states:

“Information had been filed as a felony charge, but at time of trial the information was changed to charge a misdemeanor.”

The record in this case shows that judgment and sentence was entered on October 19, 1946; that the case-made was served upon the county attorney of Tulsa county on December 26, 1946, was signed and settled by the trial court on January 11, 1947, and on the same day was filed in the court of common pleas and withdrawn, but the petition in error with case-made attached was not filed in this court until March 22, 1947, which was more than 120 days after the judgment was rendered by the trial court..

*291 Tbe Attorney General bas filed a motion to dismiss tbe appeal on tbe ground that tbe same was not filed witbin tbe time provided by Tit. 22 O. S. 1941 § 1054, wbicb provides:

“In misdemeanor cases tbe appeal must be taken witbin sixty days after tbe judgment is rendered. Provided, However, that tbe trial court or judge may, for good cause shown, extend tbe time in wbicb such appeal may be taken not exceeding sixty days. * * *”

Under this section of tbe criminal code, an appeal filed in this court after the expiration of one hundred twenty days from tbe date of tbe judgment in a misdemeanor case is not filed witbin tbe statutory time, and this court is without jurisdiction to bear and determine tbe issues. Powell v. State, 65 Okla. Cr. 250, 85 P. 2d 326; Lee v. State, 74 Okla. Cr. 358, 126 P. 2d 94; Butler v. State, 83 Okla. Cr. 305, 173 P. 2d 453.

For tbe reasons herein stated, this court is without jurisdiction to hear and determine tbe appeal, and the motion to dismiss is sustained, and tbe case dismissed.

JONES and BRETT, JJ., concur.

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BAREFOOT, P. J.

Mrs. Glen Howard, the defendant, was charged in the court of common pleas of Tulsa county with the offense of cruelty to animals; waived a jury and was tried before the court, found guilty and sentenced to pay a fine of $25 and the costs, and has appealed.

Defendant, in her brief, states:

“Information had been filed as a felony charge, but at time of trial the information was changed to charge a misdemeanor.”

The record in this case shows that judgment and sentence was entered on October 19, 1946; that the case-made was served upon the county attorney of Tulsa county on December 26, 1946, was signed and settled by the trial court on January 11, 1947, and on the same day was filed in the court of common pleas and withdrawn, but the petition in error with case-made attached was not filed in this court until March 22, 1947, which was more than 120 days after the judgment was rendered by the trial court..

*291 Tbe Attorney General bas filed a motion to dismiss tbe appeal on tbe ground that tbe same was not filed witbin tbe time provided by Tit. 22 O. S. 1941 § 1054, wbicb provides:

“In misdemeanor cases tbe appeal must be taken witbin sixty days after tbe judgment is rendered. Provided, However, that tbe trial court or judge may, for good cause shown, extend tbe time in wbicb such appeal may be taken not exceeding sixty days. * * *”

Under this section of tbe criminal code, an appeal filed in this court after the expiration of one hundred twenty days from tbe date of tbe judgment in a misdemeanor case is not filed witbin tbe statutory time, and this court is without jurisdiction to bear and determine tbe issues. Powell v. State, 65 Okla. Cr. 250, 85 P. 2d 326; Lee v. State, 74 Okla. Cr. 358, 126 P. 2d 94; Butler v. State, 83 Okla. Cr. 305, 173 P. 2d 453.

For tbe reasons herein stated, this court is without jurisdiction to hear and determine tbe appeal, and the motion to dismiss is sustained, and tbe case dismissed.

JONES and BRETT, JJ., concur.

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Bluebook (online)

1948 OK CR 30, 192 P.2d 297, 86 Okla. Crim. 289, 1948 Okla. Crim. App. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/howard-v-state-oklacrimapp-1948.

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