Musick v. State

Court of Criminal Appeals of Oklahoma

Musick v. State

1911 OK CR 132, 115 P. 377, 5 Okla. Crim. 608, 1911 Okla. Crim. App. LEXIS 169

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 9, 1911

DocketNo. A-539.

StatusPublished

Cited by6 cases

This text of 1911 OK CR 132 (Musick 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

Musick v. State, 1911 OK CR 132, 115 P. 377, 5 Okla. Crim. 608, 1911 Okla. Crim. App. LEXIS 169 (Okla. Ct. App. 1911).

Pincite

Opinion

ARMSTRONG, Judge.

Plaintiff m error was .tried at the July term of the district court of Coal county on a charge of murder and was convicted and sentenced to life imprisonment. Judgment was rendered against him on the 8th day of July, 1909. The appeal was perfected in this court on the 10th day of January, 1910, more than six months subsequent to the rendition of the judgment.

Under the provisions of Snyder’s Statutes, 1909, § 6918, appeals in felony cases must be perfected in this court within six months after judgment is rendered. Unless this is done, this court is without jurisdiction to review the record, and can only dismiss the appeal and direct the trial court to enforce the judgment and sentence.

The case-made in this case was never filed with the clerk of *609 the district court of Coal county, and oven if fine appeal had been taken in time the case-made would have to be stricken, leaving the plaintiff in error in little or no better attitude than if ho had not attempted to appeal.

The appeal is dismissed, with directions to the district court oí Coal county to enforce the judgment and sentence.

FURMAN, PeesidiNG Judge, and DOYLE, Judge, concur.

Free access — add to your briefcase to read the full text and ask questions with AI