Seabolt v. State

Court of Criminal Appeals of Oklahoma

Seabolt v. State

1960 OK CR 77, 357 P.2d 1014, 1960 Okla. Crim. App. LEXIS 204

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 5, 1960

DocketA-12852

StatusPublished

Cited by11 cases

This text of 1960 OK CR 77 (Seabolt 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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Seabolt v. State, 1960 OK CR 77, 357 P.2d 1014, 1960 Okla. Crim. App. LEXIS 204 (Okla. Ct. App. 1960).

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Opinions

[1015]*1015NIX, Judge.

The plaintiff in error, hereinafter called defendant, was convicted in the county court with the misdemeanor of unlawful manufacture of intoxicating liquor. Judgment and sentence was pronounced by the County Court of Washington County on August 28, 1959. The 60 days allowed by statute for filing the appeal in this Court expired on October 27, 1959. On October 26, 1959, an order was granted extending time to serve case-made; on November 25, 1959, another order was granted extending time for making, serving, settling, and signing case-made.

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 December 22, 1959.

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. Title 22 O.S. 1951 § 1054.

' 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. See Erwin v. State, 43 Okl.Cr. 249, 278 P. 397; Miller v. State, 41 Okl.Cr. 367, 273 P. 374.

The appeal is dismissed.

POWELL, P. J., and BRETT, J., concur.

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[1015]*1015NIX, Judge.

The plaintiff in error, hereinafter called defendant, was convicted in the county court with the misdemeanor of unlawful manufacture of intoxicating liquor. Judgment and sentence was pronounced by the County Court of Washington County on August 28, 1959. The 60 days allowed by statute for filing the appeal in this Court expired on October 27, 1959. On October 26, 1959, an order was granted extending time to serve case-made; on November 25, 1959, another order was granted extending time for making, serving, settling, and signing case-made.

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 December 22, 1959.

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. Title 22 O.S. 1951 § 1054.

' 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. See Erwin v. State, 43 Okl.Cr. 249, 278 P. 397; Miller v. State, 41 Okl.Cr. 367, 273 P. 374.

The appeal is dismissed.

POWELL, P. J., and BRETT, J., concur.

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Bluebook (online)

1960 OK CR 77, 357 P.2d 1014, 1960 Okla. Crim. App. LEXIS 204, Counsel Stack Legal Research, https://law.counselstack.com/opinion/seabolt-v-state-oklacrimapp-1960.

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