McMillan v. State

Court of Criminal Appeals of Oklahoma

McMillan v. State

1929 OK CR 83, 275 P. 358, 42 Okla. Crim. 142, 1929 Okla. Crim. App. LEXIS 344

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 9, 1929

DocketNo. A-6480.

StatusPublished

This text of 1929 OK CR 83 (McMillan 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

McMillan v. State, 1929 OK CR 83, 275 P. 358, 42 Okla. Crim. 142, 1929 Okla. Crim. App. LEXIS 344 (Okla. Ct. App. 1929).

Pincite

Opinion

PER CURIAM.

The plaintiff in error was convicted in the county court of Hughes county on a charge of having the unlawful possession of intoxicating liquor, *143 and was sentenced to pay a fine of $50 and to confinement in the county jail for a term of 60 days.

The judgment was rendered September 24, 1926. The appeal was lodged in this court January 24, 1927, 122 days after the judgment and sentence. Section 2808, Comp. Stat. 1921, requires that the appeal from a conviction for a misdemeanor be filed in this court within 120 days. Where the appeal is not filed within this period, this court does not acquire jurisdiction.

The appeal is dismissed.

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PER CURIAM.

The plaintiff in error was convicted in the county court of Hughes county on a charge of having the unlawful possession of intoxicating liquor, *143 and was sentenced to pay a fine of $50 and to confinement in the county jail for a term of 60 days.

The judgment was rendered September 24, 1926. The appeal was lodged in this court January 24, 1927, 122 days after the judgment and sentence. Section 2808, Comp. Stat. 1921, requires that the appeal from a conviction for a misdemeanor be filed in this court within 120 days. Where the appeal is not filed within this period, this court does not acquire jurisdiction.

The appeal is dismissed.

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Bluebook (online)

1929 OK CR 83, 275 P. 358, 42 Okla. Crim. 142, 1929 Okla. Crim. App. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcmillan-v-state-oklacrimapp-1929.