Vian v. State

Court of Criminal Appeals of Oklahoma

Vian v. State

1913 OK CR 29, 129 P. 450, 128 P. 1103, 8 Okla. Crim. 588, 1913 Okla. Crim. App. LEXIS 16

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 13, 1913

DocketNo. A-1863.

StatusPublished

This text of 1913 OK CR 29 (Vian 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

Vian v. State, 1913 OK CR 29, 129 P. 450, 128 P. 1103, 8 Okla. Crim. 588, 1913 Okla. Crim. App. LEXIS 16 (Okla. Ct. App. 1913).

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Opinions

FURMAN, P. J.

First. A copy of the case-made was not served upon counsel for the state until more than 60 days after the date of sentence. The statute provides that a case-made must be served upon opposing counsel within 30 days from date of sentence, unless this time is extended by order of the trial court. There was no such extension of time in this case. The case-made must therefore be stricken from the record.

*589 Second. We find that a written notice of appeal was never served by the appellant upon the county attorney or the clerk of the court in which this case was tried, as is required by law. As no such notice has been served, we have failed to acquire jurisdiction of this case, and the appeal is therefore dismissed, with directions to the district court of Rogers county to proceed with the execution of its judgment.

ARMSTRONG and DOYEE, JJ., concur.

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FURMAN, P. J.

First. A copy of the case-made was not served upon counsel for the state until more than 60 days after the date of sentence. The statute provides that a case-made must be served upon opposing counsel within 30 days from date of sentence, unless this time is extended by order of the trial court. There was no such extension of time in this case. The case-made must therefore be stricken from the record.

*589 Second. We find that a written notice of appeal was never served by the appellant upon the county attorney or the clerk of the court in which this case was tried, as is required by law. As no such notice has been served, we have failed to acquire jurisdiction of this case, and the appeal is therefore dismissed, with directions to the district court of Rogers county to proceed with the execution of its judgment.

ARMSTRONG and DOYEE, JJ., concur.

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Bluebook (online)

1913 OK CR 29, 129 P. 450, 128 P. 1103, 8 Okla. Crim. 588, 1913 Okla. Crim. App. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vian-v-state-oklacrimapp-1913.