Nowlin v. State

Court of Criminal Appeals of Oklahoma

Nowlin v. State

1957 OK CR 28, 308 P.2d 668, 1957 Okla. Crim. App. LEXIS 144

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 13, 1957

DocketA-12405

StatusPublished

Cited by4 cases

This text of 1957 OK CR 28 (Nowlin 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.

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Nowlin v. State, 1957 OK CR 28, 308 P.2d 668, 1957 Okla. Crim. App. LEXIS 144 (Okla. Ct. App. 1957).

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Opinion

BRETT, Presiding Judge.

This matter comes on for hearing on the state’s motion to dismiss the appeal. It appears from the record that a judgment and sentence was entered on August 7, 1956, and that the trial court allowed 60 days thereafter in which to dodge appeal. It further appears from the record herein, that the time for perfecting said appeal would expire on October 6, 1956, and that the petition in error and casemade were not filed until October 8, 1956, and therefore this court is without jurisdiction to entertain said appeal.

*669 This we regret for the reason that there is merit in the petitioner’s appeal. But, this court is without jurisdiction to entertain the same unless it is lodged in this court within the time provided by 22 O.S.19S1 § 1054, or lawful extension thereof. No extension for perfecting the appeal was granted beyond the 60 days allowed by statute.

Motion to dismiss sustained.

POWELL and NIX, JJ., concur.

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BRETT, Presiding Judge.

This matter comes on for hearing on the state’s motion to dismiss the appeal. It appears from the record that a judgment and sentence was entered on August 7, 1956, and that the trial court allowed 60 days thereafter in which to dodge appeal. It further appears from the record herein, that the time for perfecting said appeal would expire on October 6, 1956, and that the petition in error and casemade were not filed until October 8, 1956, and therefore this court is without jurisdiction to entertain said appeal.

*669 This we regret for the reason that there is merit in the petitioner’s appeal. But, this court is without jurisdiction to entertain the same unless it is lodged in this court within the time provided by 22 O.S.19S1 § 1054, or lawful extension thereof. No extension for perfecting the appeal was granted beyond the 60 days allowed by statute.

Motion to dismiss sustained.

POWELL and NIX, JJ., concur.

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Bluebook (online)

1957 OK CR 28, 308 P.2d 668, 1957 Okla. Crim. App. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nowlin-v-state-oklacrimapp-1957.

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