Jump v. State

Court of Criminal Appeals of Oklahoma

Jump v. State

1943 OK CR 6, 133 P.2d 561, 76 Okla. Crim. 9, 1943 Okla. Crim. App. LEXIS 59

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 20, 1943

DocketNo. A-10123.

StatusPublished

Cited by5 cases

This text of 1943 OK CR 6 (Jump 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

Jump v. State, 1943 OK CR 6, 133 P.2d 561, 76 Okla. Crim. 9, 1943 Okla. Crim. App. LEXIS 59 (Okla. Ct. App. 1943).

Pincite

Opinion

JONES, P. J.

W. L. Jump has appealed to this court from a conviction in the county court of Pawnee county for the crime of unlawfully selling cholera infected hogs.

The Attorney General has filed a motion to dismiss the appeal for the reason that the judgment and sentence of the county court was pronounced against the defendant on the 3rd day of June, 1941, and that this appeal was filed in the office of the Clerk of the Criminal Court of Appeals on August 14, 1941, which was more than 60 days after the date of the judgment and sentence. That no order of the county court was ever made extending the time in which said appeal might be filed.

No response has been filed to this motion, and an examination of the record sustains the allegations set forth in said motion.

*10 Section 8192, O. S. 1931, 22 O. ;S. 1941, § 1054, provides :

“In misdemeanor cases the appeal must be taken within 60 days after the judgment is rendered: Provided, However, that the trial court or judge may, for good cause shown, extend the time in which such appeal may be taken not exceeding 60 days. * * *”

In the case of Gunter v. State, 13 Okla. Cr. 83, 162 P. 231, it is stated:

“* * * When an appeal in a misdemeanor case is not taken within the 60 days prescribed by the statute the record or case-made must affirmatively show that the trial court or judge thereof for good cause shown extended the time; otherwise this court is without jurisdiction to review the judgment, and such appeal will be dismissed.”

See, also, Fleetwood v. State, 16 Okla. Cr. 675, 181 P. 157; McAdams v. State, 17 Okla. Cr. 740, 192 P. 428.

It is therefore ordered that the purported appeal be and the same is hereby dismissed and the cause is remanded to the county court of Pawnee county, with directions to cause its judgement and sentence to be carried into execution.

BAREFOOT and BOYLE, JJ., concur.

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