MacHen v. State

Court of Criminal Appeals of Oklahoma

MacHen v. State

1911 OK CR 244, 115 P. 1130, 5 Okla. Crim. 711, 1911 Okla. Crim. App. LEXIS 236

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 16, 1911

DocketNo. A-572.

StatusPublished

This text of 1911 OK CR 244 (MacHen 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

MacHen v. State, 1911 OK CR 244, 115 P. 1130, 5 Okla. Crim. 711, 1911 Okla. Crim. App. LEXIS 236 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

Plaintiff in error was convicted on the 20th day of November, 1909, on a charge of unlawfully furnishing intoxicating liquor, and on the 24th day of November, thereafter, was sentenced by the court to pay a fine of one hundred twenty-five dollars and .costs, and to be imprisoned in the county jail-for a period of thirty days, at which time he was given thirty days to make and serve case-made. Ten days were allowed for amendments, five days for settling, and appeal to -be perfected in this court within fiften days after such settlement. The appeal was not perfected by case-made, but comes by transcript, and was filed in this court on the 24th day of January, 1910, more than sixty days after the entering of the judgment. The record shows no order of the court extending the time within which to perfect the ■ appeal. The Attorney General has filed a motion to dismiss the appeal on the ground that it was not perfected within the time allowed by the statute or the' order of the court. The motion is well taken and is sustained. The appeal is disnr'ssed, with directions to the county court of Tulsa county to enforce the judgment and sentence.

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PER CURIAM.

Plaintiff in error was convicted on the 20th day of November, 1909, on a charge of unlawfully furnishing intoxicating liquor, and on the 24th day of November, thereafter, was sentenced by the court to pay a fine of one hundred twenty-five dollars and .costs, and to be imprisoned in the county jail-for a period of thirty days, at which time he was given thirty days to make and serve case-made. Ten days were allowed for amendments, five days for settling, and appeal to -be perfected in this court within fiften days after such settlement. The appeal was not perfected by case-made, but comes by transcript, and was filed in this court on the 24th day of January, 1910, more than sixty days after the entering of the judgment. The record shows no order of the court extending the time within which to perfect the ■ appeal. The Attorney General has filed a motion to dismiss the appeal on the ground that it was not perfected within the time allowed by the statute or the' order of the court. The motion is well taken and is sustained. The appeal is disnr'ssed, with directions to the county court of Tulsa county to enforce the judgment and sentence.

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Bluebook (online)

1911 OK CR 244, 115 P. 1130, 5 Okla. Crim. 711, 1911 Okla. Crim. App. LEXIS 236, Counsel Stack Legal Research, https://law.counselstack.com/opinion/machen-v-state-oklacrimapp-1911.