Malone v. State

Court of Criminal Appeals of Oklahoma

Malone v. State

1910 OK CR 152, 109 P. 255, 4 Okla. Crim. 66, 1910 Okla. Crim. App. LEXIS 13

Court of Criminal Appeals of Oklahoma·Decided May 28, 1910·No. Nos. A-468, A-469, and A-470.·Published

Opinion

PEE CUEIAM.

No notice of appeal was given by plaintiff-in error as provided by section 6949 of Snyder’s Comp.*Laws Oída.;. the record showing only that plaintiff in error, on being sentenced, prayed an appeal, which was allowed. The state has filed a motion to dismiss the appeal for failure to serve the notices required by law. Upon the authority of Ensley v. State, infra, 109 Pac. 250, the motion is well.taken, and will be sustained.

It is therefore ordered that the purported appeal herein be ■and the same is hereby dismissed, and that a mandate issue directing the county court of Wagoner county, to. enforce its.judgment and sentence herein.

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PEE CUEIAM.

No notice of appeal was given by plaintiff-in error as provided by section 6949 of Snyder’s Comp.*Laws Oída.;. the record showing only that plaintiff in error, on being sentenced, prayed an appeal, which was allowed. The state has filed a motion to dismiss the appeal for failure to serve the notices required by law. Upon the authority of Ensley v. State, infra, 109 Pac. 250, the motion is well.taken, and will be sustained.

It is therefore ordered that the purported appeal herein be ■and the same is hereby dismissed, and that a mandate issue directing the county court of Wagoner county, to. enforce its.judgment and sentence herein.

Malone v. State, 1910 OK CR 152, 109 P. 255, 4 Okla. Crim. 66, 1910 Okla. Crim. App. LEXIS 13 (Okla. Ct. App. 1910).

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Opinion

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