Murphy v. State

Court of Criminal Appeals of Oklahoma

Murphy v. State

1911 OK CR 217, 114 P. 1131, 5 Okla. Crim. 696, 1911 Okla. Crim. App. LEXIS 129

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 18, 1911

DocketNo. A-523.

StatusPublished

This text of 1911 OK CR 217 (Murphy 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

Murphy v. State, 1911 OK CR 217, 114 P. 1131, 5 Okla. Crim. 696, 1911 Okla. Crim. App. LEXIS 129 (Okla. Ct. App. 1911).

Pincite

Opinion

*697 PER CURIAM.

Plaintiff in error -was convicted of a violation of section '2754,'Snyder’s'Sts., and sentenced to pay a fine' of fifty dollars and costs. The judgment was entered on September 1st, 1909. Prom which judgment an appeal was attempted to be taken toy filing with the clerk of this court on January 3, 1910. a petition in error and case-made, together with proof of service of notices of appeal. On February 10, 1911, the Attorney General filed a motion to dismiss said 'appeal for the reason: “Because the petition in' error and case-made were not filed in this court until after one hundred and twenty days had elapsed from the rendition of tb~ judgment appealed from. This appeal being taken from a conviction for a misdemeanor. (See sec. 6948, Snyder’s Sts.)’’ The motion to dismiss is well taken. It is evident that the appeal was not perfected within the time required under the statute to give this court jurisdiction. It is therefore ordered that the purported appeal be and the same is hereby dismissed and the cause remanded to the county court of Mayes county.

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*697 PER CURIAM.

Plaintiff in error -was convicted of a violation of section '2754,'Snyder’s'Sts., and sentenced to pay a fine' of fifty dollars and costs. The judgment was entered on September 1st, 1909. Prom which judgment an appeal was attempted to be taken toy filing with the clerk of this court on January 3, 1910. a petition in error and case-made, together with proof of service of notices of appeal. On February 10, 1911, the Attorney General filed a motion to dismiss said 'appeal for the reason: “Because the petition in' error and case-made were not filed in this court until after one hundred and twenty days had elapsed from the rendition of tb~ judgment appealed from. This appeal being taken from a conviction for a misdemeanor. (See sec. 6948, Snyder’s Sts.)’’ The motion to dismiss is well taken. It is evident that the appeal was not perfected within the time required under the statute to give this court jurisdiction. It is therefore ordered that the purported appeal be and the same is hereby dismissed and the cause remanded to the county court of Mayes county.

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Bluebook (online)

1911 OK CR 217, 114 P. 1131, 5 Okla. Crim. 696, 1911 Okla. Crim. App. LEXIS 129, Counsel Stack Legal Research, https://law.counselstack.com/opinion/murphy-v-state-oklacrimapp-1911.