Kanamaya v. State

Court of Criminal Appeals of Oklahoma

Kanamaya v. State

1911 OK CR 286, 118 P. 151, 6 Okla. Crim. 208, 1911 Okla. Crim. App. LEXIS 416

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 10, 1911

DocketNo. A-719.

StatusPublished

Cited by4 cases

This text of 1911 OK CR 286 (Kanamaya 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

Kanamaya v. State, 1911 OK CR 286, 118 P. 151, 6 Okla. Crim. 208, 1911 Okla. Crim. App. LEXIS 416 (Okla. Ct. App. 1911).

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Opinion

ARMSTRONG, J.

Plaintiff in error was tried at the September, 1909, term of the district court of. McCurtain county on a charge of murder, and his punishment fixed by the jury at life imprisonment. On the 9th day of October, 1909, judgment and sentence was pronounced in accordance with the verdict of the jury. The case-made for appeal was served within the time allowed by the orders of the court. The appeal, however, was not filed in this court until the 14th day of April, 1910, more than six months after the date of judgment.

Under section 6948, Snyder’s Stat. 1909, this appeal should have been filed within six months from the date of judgment in order to confer jurisdiction on this court to review the same on its merits. Musick v. State, 5 Okla. Cr. 608, 115 Pac. 377.

For the reason that the appeal was not filed within the time prescribed by the statutes, the appeal is dismissed, with directions to the district court of McCurtain county to enforce the judgment and sentence.

FURMAN, P. J., and DOYLE, J., concur.

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ARMSTRONG, J.

Plaintiff in error was tried at the September, 1909, term of the district court of. McCurtain county on a charge of murder, and his punishment fixed by the jury at life imprisonment. On the 9th day of October, 1909, judgment and sentence was pronounced in accordance with the verdict of the jury. The case-made for appeal was served within the time allowed by the orders of the court. The appeal, however, was not filed in this court until the 14th day of April, 1910, more than six months after the date of judgment.

Under section 6948, Snyder’s Stat. 1909, this appeal should have been filed within six months from the date of judgment in order to confer jurisdiction on this court to review the same on its merits. Musick v. State, 5 Okla. Cr. 608, 115 Pac. 377.

For the reason that the appeal was not filed within the time prescribed by the statutes, the appeal is dismissed, with directions to the district court of McCurtain county to enforce the judgment and sentence.

FURMAN, P. J., and DOYLE, J., concur.

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Bluebook (online)

1911 OK CR 286, 118 P. 151, 6 Okla. Crim. 208, 1911 Okla. Crim. App. LEXIS 416, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kanamaya-v-state-oklacrimapp-1911.

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