Steele v. State

Court of Criminal Appeals of Oklahoma

Steele v. State

1911 OK CR 523, 118 P. 1116, 6 Okla. Crim. 692, 1911 Okla. Crim. App. LEXIS 511

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 25, 1911

DocketNo. A-971.

StatusPublished

This text of 1911 OK CR 523 (Steele 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

Steele v. State, 1911 OK CR 523, 118 P. 1116, 6 Okla. Crim. 692, 1911 Okla. Crim. App. LEXIS 511 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

Plaintiff in error was convicted at the September, 1910, term of the county court of Grady county, on a charge of having the unlawful possession of beer with the intent to sell, the same, and on the 12th day of said month was adjudged to pay a fine of three hundred dollars and be imprisoned in the county jail for a period of one hundred twenty days. The appeal was filed in this court on the 8th day of December, 1910. Upon the date the judgment was pronounced the court granted sixty days in which to make and serve ease-made, but did not fix any time within which to file petition in error and case-made in this court. The statutory period of sixty days would therefore govern. On the 5th day of November, 1910, 'the court made an order extending the time ten days from the 8th day of November in which to make and serve the ease-made and file the same in this court. This order was sufficient to extend the time until the 18th day of November. The appeal, however, was not filed for twenty days after the time had elapsed within which it could lawfully have been filed. The Attorney General has filed a motion to dismiss the appeal on the ground that it was not filed within the time provided by law or the order of the trial court. The motion is well taken and is sustained. The appeal is accordingly dismissed with directions to the trial court to enforce the judgment and sentence.

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PER CURIAM.

Plaintiff in error was convicted at the September, 1910, term of the county court of Grady county, on a charge of having the unlawful possession of beer with the intent to sell, the same, and on the 12th day of said month was adjudged to pay a fine of three hundred dollars and be imprisoned in the county jail for a period of one hundred twenty days. The appeal was filed in this court on the 8th day of December, 1910. Upon the date the judgment was pronounced the court granted sixty days in which to make and serve ease-made, but did not fix any time within which to file petition in error and case-made in this court. The statutory period of sixty days would therefore govern. On the 5th day of November, 1910, 'the court made an order extending the time ten days from the 8th day of November in which to make and serve the ease-made and file the same in this court. This order was sufficient to extend the time until the 18th day of November. The appeal, however, was not filed for twenty days after the time had elapsed within which it could lawfully have been filed. The Attorney General has filed a motion to dismiss the appeal on the ground that it was not filed within the time provided by law or the order of the trial court. The motion is well taken and is sustained. The appeal is accordingly dismissed with directions to the trial court to enforce the judgment and sentence.

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Bluebook (online)

1911 OK CR 523, 118 P. 1116, 6 Okla. Crim. 692, 1911 Okla. Crim. App. LEXIS 511, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steele-v-state-oklacrimapp-1911.