State v. McElroy

Court of Criminal Appeals of Oklahoma

State v. McElroy

1918 OK CR 23, 170 P. 915, 14 Okla. Crim. 314, 1918 Okla. Crim. App. LEXIS 123

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 25, 1918

DocketNo. A-2304.

StatusPublished

Cited by1 cases

This text of 1918 OK CR 23 (State v. McElroy) 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

State v. McElroy, 1918 OK CR 23, 170 P. 915, 14 Okla. Crim. 314, 1918 Okla. Crim. App. LEXIS 123 (Okla. Ct. App. 1918).

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Opinion

PER CURIAM.

In this case J. E. McElroy, as county clerk of Wagoner county, was by the grand jury of said county indicted for embezzlement, to which indictment a demurrer was interposed by the defendant, and which demurrer was by the judgment of the district court sustained.

It appears that the state has attempted to appeal from said judgment. An examination of the record discloses that no proof of service was made of the notice of appeal required by law to be served upon the defendant. When this is not done within the time allowed by the statute, this court does not acquire jurisdiction of the appeal.

It follows that upon the record this court is without jurisdiction. The attempted appeal herein by the state is therefore dismissed.

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PER CURIAM.

In this case J. E. McElroy, as county clerk of Wagoner county, was by the grand jury of said county indicted for embezzlement, to which indictment a demurrer was interposed by the defendant, and which demurrer was by the judgment of the district court sustained.

It appears that the state has attempted to appeal from said judgment. An examination of the record discloses that no proof of service was made of the notice of appeal required by law to be served upon the defendant. When this is not done within the time allowed by the statute, this court does not acquire jurisdiction of the appeal.

It follows that upon the record this court is without jurisdiction. The attempted appeal herein by the state is therefore dismissed.

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Bluebook (online)

1918 OK CR 23, 170 P. 915, 14 Okla. Crim. 314, 1918 Okla. Crim. App. LEXIS 123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mcelroy-oklacrimapp-1918.

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