State v. Avery

Ohio Court of Appeals

State v. Avery

200 N.E.2d 710, 119 Ohio App. 402, 28 Ohio Op. 2d 23, 1962 Ohio App. LEXIS 533

CourtOhio Court of Appeals

DecidedMarch 20, 1962

Docket1225

StatusPublished

Cited by1 cases

This text of 200 N.E.2d 710 (State v. Avery) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Avery, 200 N.E.2d 710, 119 Ohio App. 402, 28 Ohio Op. 2d 23, 1962 Ohio App. LEXIS 533 (Ohio Ct. App. 1962).

Pincite

Opinion

Per Curiam.

Although this court has carefully examined the assignments of error, briefs, bill of exceptions, transcript of docket and journal entries and original pleadings, and would otherwise conclude that no error prejudicial to the defendant-appellant has occurred, that substantial justice has been done, and that the judgment of the trial court would have to be affirmed, in examining the transcript of docket and journal entries we find that the notice of appeal herein was filed prematurely, specifically one day before the journal entry of judgment and sentence rather than “within thirty days after judgment and sentence” (Section 2953.05, Revised Code), and that, instead of affirming the judgment of the trial court, we must dismiss this appeal for want of jurisdiction.

Appeal dismissed.

Guernsey, P. J., Middleton and Younger, JJ., concur,

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Per Curiam.

Although this court has carefully examined the assignments of error, briefs, bill of exceptions, transcript of docket and journal entries and original pleadings, and would otherwise conclude that no error prejudicial to the defendant-appellant has occurred, that substantial justice has been done, and that the judgment of the trial court would have to be affirmed, in examining the transcript of docket and journal entries we find that the notice of appeal herein was filed prematurely, specifically one day before the journal entry of judgment and sentence rather than “within thirty days after judgment and sentence” (Section 2953.05, Revised Code), and that, instead of affirming the judgment of the trial court, we must dismiss this appeal for want of jurisdiction.

Appeal dismissed.

Guernsey, P. J., Middleton and Younger, JJ., concur,

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Bluebook (online)

200 N.E.2d 710, 119 Ohio App. 402, 28 Ohio Op. 2d 23, 1962 Ohio App. LEXIS 533, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-avery-ohioctapp-1962.

Opinion

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