Miller v. State

Court of Criminal Appeals of Oklahoma

Miller v. State

1929 OK CR 15, 273 P. 374, 41 Okla. Crim. 367, 1929 Okla. Crim. App. LEXIS 163

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 12, 1929

DocketNo. A-6464.

StatusPublished

Cited by7 cases

This text of 1929 OK CR 15 (Miller 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

Miller v. State, 1929 OK CR 15, 273 P. 374, 41 Okla. Crim. 367, 1929 Okla. Crim. App. LEXIS 163 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Seminole county on a charge of having the unlawful pos *368 session of intoxicating liquor and was sentenced to pay a fine of $175 and to serve 45 days in the county jail.

The judgment was entered September 21, 1926. At that time defendant was given 3'0 days in which to make and serve case-made. On October 19, a motion for additional time in which to make and serve case-made was filed asking for 30 days additional time, and on the same day the court made an order allowing 30 days additional time to make and serve case-made, with 10 days to suggest amendments, and to be settled and signed on 5 days’ notice.

The record discloses, however, that on October 15 the case-made had been served, with an acknowledgment by the county attorney of that date and that it was settled and signed by the trial judge and attested by the clerk on that date. In neither of the orders is there an extension of the time in which to file the appeal in this court. It was not filed here until January 3, 1927. In misdemeanor cases the appeal must be taken within 60 days from the date judgment is rendered unless the court or judge, for good cause shown, extend the time in which such appeal may be taken, such extension not to exceed 60 days. Section 2808, Comp. St. 1921. Under numerous holdings of this court, following the statute cited, it is settled that, unless the appeal in a misdemeanor case be taken within 60 days or within an extension of time made by the court, not to exceed 60 days additional, the appeal will be dismissed. Fenton v. State, 10 Okla. Cr. 579, 139 P. 1155; Boatright v. State, 19 Okla. Cr. 97, 198 P. 106; Wilson v. State, 24 Okla. Cr. 268, 217 P. 1057; Jones v. State, 27 Okla. Cr. 425, 228 P. 532.

The appeal is dismissed.

DOYLE, P. J., and DAVENPORT, J., concur.

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EDWARDS, J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Seminole county on a charge of having the unlawful pos *368 session of intoxicating liquor and was sentenced to pay a fine of $175 and to serve 45 days in the county jail.

The judgment was entered September 21, 1926. At that time defendant was given 3'0 days in which to make and serve case-made. On October 19, a motion for additional time in which to make and serve case-made was filed asking for 30 days additional time, and on the same day the court made an order allowing 30 days additional time to make and serve case-made, with 10 days to suggest amendments, and to be settled and signed on 5 days’ notice.

The record discloses, however, that on October 15 the case-made had been served, with an acknowledgment by the county attorney of that date and that it was settled and signed by the trial judge and attested by the clerk on that date. In neither of the orders is there an extension of the time in which to file the appeal in this court. It was not filed here until January 3, 1927. In misdemeanor cases the appeal must be taken within 60 days from the date judgment is rendered unless the court or judge, for good cause shown, extend the time in which such appeal may be taken, such extension not to exceed 60 days. Section 2808, Comp. St. 1921. Under numerous holdings of this court, following the statute cited, it is settled that, unless the appeal in a misdemeanor case be taken within 60 days or within an extension of time made by the court, not to exceed 60 days additional, the appeal will be dismissed. Fenton v. State, 10 Okla. Cr. 579, 139 P. 1155; Boatright v. State, 19 Okla. Cr. 97, 198 P. 106; Wilson v. State, 24 Okla. Cr. 268, 217 P. 1057; Jones v. State, 27 Okla. Cr. 425, 228 P. 532.

The appeal is dismissed.

DOYLE, P. J., and DAVENPORT, J., concur.

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Bluebook (online)

1929 OK CR 15, 273 P. 374, 41 Okla. Crim. 367, 1929 Okla. Crim. App. LEXIS 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-oklacrimapp-1929.

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