Terry v. State

Court of Criminal Appeals of Oklahoma

Terry v. State

1911 OK CR 28, 113 P. 199, 5 Okla. Crim. 35, 1911 Okla. Crim. App. LEXIS 28

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 6, 1911

DocketNo. A-678.

StatusPublished

This text of 1911 OK CR 28 (Terry 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

Terry v. State, 1911 OK CR 28, 113 P. 199, 5 Okla. Crim. 35, 1911 Okla. Crim. App. LEXIS 28 (Okla. Ct. App. 1911).

Pincite

Opinion

FURMAN, PRESIDING Judge.

The Legislature of 1909 amended the law with reference to the time within which appeals should be taken in criminal cases, and required that in misdemeanor cases the appeal must be taken within 60 days after the judgment was rendered; provided, however, that the trial court or judge may for good cause shown extend the time within which appeals may be taken not exceeding 60 days. This law was approved by the Governor on the 17th day of February, 1909, and was in effect at the date of this trial. Judgment was pronounced in this case on the 27th day of September, 1909. The appeal was filed in this court on the 25th day of March, 1910. It is true that the county court did attempt to extend the time within which an appeal might be taken; but an order made by the county judge extending the time for taking an appeal bej^ond 120 days after the rendition of the judgment is void. This court, therefore, has never acquired jurisdiction of the appeal in this case, and the motion of the Attorney General to dismiss this appeal must be sustained.

The appeal is therefore dismissed, with directions to the county court of Osage county to' proceed with the execution of the judgment.

ARMSTRONG and DOYLE, Judges, concur.

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FURMAN, PRESIDING Judge.

The Legislature of 1909 amended the law with reference to the time within which appeals should be taken in criminal cases, and required that in misdemeanor cases the appeal must be taken within 60 days after the judgment was rendered; provided, however, that the trial court or judge may for good cause shown extend the time within which appeals may be taken not exceeding 60 days. This law was approved by the Governor on the 17th day of February, 1909, and was in effect at the date of this trial. Judgment was pronounced in this case on the 27th day of September, 1909. The appeal was filed in this court on the 25th day of March, 1910. It is true that the county court did attempt to extend the time within which an appeal might be taken; but an order made by the county judge extending the time for taking an appeal bej^ond 120 days after the rendition of the judgment is void. This court, therefore, has never acquired jurisdiction of the appeal in this case, and the motion of the Attorney General to dismiss this appeal must be sustained.

The appeal is therefore dismissed, with directions to the county court of Osage county to' proceed with the execution of the judgment.

ARMSTRONG and DOYLE, Judges, concur.

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Bluebook (online)

1911 OK CR 28, 113 P. 199, 5 Okla. Crim. 35, 1911 Okla. Crim. App. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-state-oklacrimapp-1911.