Spicer v. State

Court of Criminal Appeals of Oklahoma

Spicer v. State

1930 OK CR 514, 294 P. 212, 49 Okla. Crim. 324, 1930 Okla. Crim. App. LEXIS 251

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 13, 1930

DocketNo. A-7731.

StatusPublished

This text of 1930 OK CR 514 (Spicer 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

Spicer v. State, 1930 OK CR 514, 294 P. 212, 49 Okla. Crim. 324, 1930 Okla. Crim. App. LEXIS 251 (Okla. Ct. App. 1930).

Pincite

Opinion

PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Ottawa county of the offense of resisting arrest, and was sentenced to pay a fine of $100 and to serve 90 days in the county jail.

Judgment was rendered on October 14, 1929. The case-made and petition in error were filed in this court on February 13, 1930, more than 120 days from the date the judgment was rendered. By section 2808, Comp. Stat. 1921, 120 days is the extreme limit from the time of the judgment within which an appeal for a misdemeanor can *325 be taken to this court. The appeal not having been filed within that time, this court does not acquire jurisdiction, and the appeal is dismissed.

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PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Ottawa county of the offense of resisting arrest, and was sentenced to pay a fine of $100 and to serve 90 days in the county jail.

Judgment was rendered on October 14, 1929. The case-made and petition in error were filed in this court on February 13, 1930, more than 120 days from the date the judgment was rendered. By section 2808, Comp. Stat. 1921, 120 days is the extreme limit from the time of the judgment within which an appeal for a misdemeanor can *325 be taken to this court. The appeal not having been filed within that time, this court does not acquire jurisdiction, and the appeal is dismissed.

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Bluebook (online)

1930 OK CR 514, 294 P. 212, 49 Okla. Crim. 324, 1930 Okla. Crim. App. LEXIS 251, Counsel Stack Legal Research, https://law.counselstack.com/opinion/spicer-v-state-oklacrimapp-1930.