McCoy v. State

Court of Criminal Appeals of Oklahoma

McCoy v. State

1911 OK CR 178, 114 P. 1131, 5 Okla. Crim. 679, 1911 Okla. Crim. App. LEXIS 132

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 21, 1911

DocketNo. A-506.

StatusPublished

This text of 1911 OK CR 178 (McCoy 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

McCoy v. State, 1911 OK CR 178, 114 P. 1131, 5 Okla. Crim. 679, 1911 Okla. Crim. App. LEXIS 132 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

On the 25th day of September, 1909, after having been convicted by a jury for violating the prohibitory law, this plaintiff in error was sentenced by the court to pay a fine of $500 and serve six months in the county jail. At this time the plaintiff' in error was allowed sixty days within which to make and serve case-made. No time was fixed within which to file petition in error in this court or extending the time allowed by the statute, and no subsequent order appears in the record, allowing such extension. The appeal was filed on the 24th day of December, 1909, thirty days after the time had expired within which the law requires it to be filed. There are other defects in the record, but for the failure to file the appeal in the time allowed by section 6948, Snyder’s Statutes, the appeal will have to be dismissed* and it is so ordered.

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PER CURIAM.

On the 25th day of September, 1909, after having been convicted by a jury for violating the prohibitory law, this plaintiff in error was sentenced by the court to pay a fine of $500 and serve six months in the county jail. At this time the plaintiff' in error was allowed sixty days within which to make and serve case-made. No time was fixed within which to file petition in error in this court or extending the time allowed by the statute, and no subsequent order appears in the record, allowing such extension. The appeal was filed on the 24th day of December, 1909, thirty days after the time had expired within which the law requires it to be filed. There are other defects in the record, but for the failure to file the appeal in the time allowed by section 6948, Snyder’s Statutes, the appeal will have to be dismissed* and it is so ordered.

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Bluebook (online)

1911 OK CR 178, 114 P. 1131, 5 Okla. Crim. 679, 1911 Okla. Crim. App. LEXIS 132, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mccoy-v-state-oklacrimapp-1911.