Leslie v. State

Court of Criminal Appeals of Oklahoma

Leslie v. State

1911 OK CR 406, 117 P. 649, 6 Okla. Crim. 630, 1911 Okla. Crim. App. LEXIS 325

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 5, 1911

DocketNo. A-991.

StatusPublished

This text of 1911 OK CR 406 (Leslie 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

Leslie v. State, 1911 OK CR 406, 117 P. 649, 6 Okla. Crim. 630, 1911 Okla. Crim. App. LEXIS 325 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

On the 15th day of September, 1910, judgment was rendered in the county court of Pottawatomie county against appellant for a violation of the prohibitory liquor law and he was sentenced to pay-a fine of $50 and 30 days’ imprisonment in the county jail. Appellant was allowed 60 days from said date within which to perfect his appeal in said cause. On the 15th day of November, 1910, the court entered a second order attempting to extend the time within which the appeal could be filed in the Criminal Court of Appeals until the 15th day of January, 1911. There being thirty-one days in the month of October, the 60 days originally granted within which appellant should perfect his appeal expired on the 15th day. of November, 1910. The second order made by the court ■ attempting to extend the time having been made on November 15th, 1910, and after the time originally granted had expired, was illegal and void. The transcript of the record was not filed until January 15th, 1911, which was long after the time legally granted the appellant within which to perfect his appeal. This court therefore did not acquire jurisdiction of this cause and the appeal is dismissed.

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PER CURIAM.

On the 15th day of September, 1910, judgment was rendered in the county court of Pottawatomie county against appellant for a violation of the prohibitory liquor law and he was sentenced to pay-a fine of $50 and 30 days’ imprisonment in the county jail. Appellant was allowed 60 days from said date within which to perfect his appeal in said cause. On the 15th day of November, 1910, the court entered a second order attempting to extend the time within which the appeal could be filed in the Criminal Court of Appeals until the 15th day of January, 1911. There being thirty-one days in the month of October, the 60 days originally granted within which appellant should perfect his appeal expired on the 15th day. of November, 1910. The second order made by the court ■ attempting to extend the time having been made on November 15th, 1910, and after the time originally granted had expired, was illegal and void. The transcript of the record was not filed until January 15th, 1911, which was long after the time legally granted the appellant within which to perfect his appeal. This court therefore did not acquire jurisdiction of this cause and the appeal is dismissed.

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Bluebook (online)

1911 OK CR 406, 117 P. 649, 6 Okla. Crim. 630, 1911 Okla. Crim. App. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leslie-v-state-oklacrimapp-1911.