Starr v. State

Court of Criminal Appeals of Oklahoma

Starr v. State

1913 OK CR 93, 130 P. 1176, 9 Okla. Crim. 184, 1913 Okla. Crim. App. LEXIS 105

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 12, 1913

DocketNo. A-1894.

StatusPublished

This text of 1913 OK CR 93 (Starr 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

Starr v. State, 1913 OK CR 93, 130 P. 1176, 9 Okla. Crim. 184, 1913 Okla. Crim. App. LEXIS 105 (Okla. Ct. App. 1913).

Pincite

Opinion

FURMAN, J.

Appellant was convicted in the district court of Mayes county of an aggravated assault, and his pun *185 ishment was assessed at confinement in the penitentiary for a period of one year and one day. From this judgment he attempted to prosecute an appeal. But no notices of appeal have been served upon the clerk of the district court of Mayes' county or upon the county attorney as is required -by law. These notices of appeal are jurisdictional, and when they have not been served this court does not acquire jurisdiction of the cause.

The appeal is therefore dismissed, with directions to the district court of Mayes county to proceed with the enforcement of its judgment.

ARMSTRONG, P. J., and DOYLE, J., concur.

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FURMAN, J.

Appellant was convicted in the district court of Mayes county of an aggravated assault, and his pun *185 ishment was assessed at confinement in the penitentiary for a period of one year and one day. From this judgment he attempted to prosecute an appeal. But no notices of appeal have been served upon the clerk of the district court of Mayes' county or upon the county attorney as is required -by law. These notices of appeal are jurisdictional, and when they have not been served this court does not acquire jurisdiction of the cause.

The appeal is therefore dismissed, with directions to the district court of Mayes county to proceed with the enforcement of its judgment.

ARMSTRONG, P. J., and DOYLE, J., concur.

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Bluebook (online)

1913 OK CR 93, 130 P. 1176, 9 Okla. Crim. 184, 1913 Okla. Crim. App. LEXIS 105, Counsel Stack Legal Research, https://law.counselstack.com/opinion/starr-v-state-oklacrimapp-1913.