Wimberly v. State

Court of Criminal Appeals of Oklahoma

Wimberly v. State

1936 OK CR 58, 57 P.2d 277, 59 Okla. Crim. 230, 1936 Okla. Crim. App. LEXIS 30

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 24, 1936

DocketNo. A-8993.

StatusPublished

Cited by1 cases

This text of 1936 OK CR 58 (Wimberly 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.

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Wimberly v. State, 1936 OK CR 58, 57 P.2d 277, 59 Okla. Crim. 230, 1936 Okla. Crim. App. LEXIS 30 (Okla. Ct. App. 1936).

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Opinion

PER CURIAM.

Plaintiff in error, hereinafter called defendant, was convicted in the county court of Canadian county of unlawful possession of intoxicating liquor and was sentenced to pay a fine of $75 and to serve 30 days in the county jail. Judgment was entered on July 1,1935, *231 at which time defendant was given 30 days in which to make and serve case-made. Thereafter further extension of time to make and serve case-made was made by the county judge, but no order extending the time in which to file appeal was made at any time. The appeal was lodged in this court on September 13th. In misdemeanor cases the appeal must be taken within 60 days after the judgment is entered, unless the court, for good cause shown, extends the time not to exceed 60 days additional. Section 3192, Okla. Stat. 1931. Logan v. State, 51 Okla. Cr. 448, 3 Pac. (2d) 748.

The case-made not having been filed in this court until after the expiration of 60 days, the appeal comes too late, and this court does not acquire jurisdiction.

The attempted appeal is dismissed.

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PER CURIAM.

Plaintiff in error, hereinafter called defendant, was convicted in the county court of Canadian county of unlawful possession of intoxicating liquor and was sentenced to pay a fine of $75 and to serve 30 days in the county jail. Judgment was entered on July 1,1935, *231 at which time defendant was given 30 days in which to make and serve case-made. Thereafter further extension of time to make and serve case-made was made by the county judge, but no order extending the time in which to file appeal was made at any time. The appeal was lodged in this court on September 13th. In misdemeanor cases the appeal must be taken within 60 days after the judgment is entered, unless the court, for good cause shown, extends the time not to exceed 60 days additional. Section 3192, Okla. Stat. 1931. Logan v. State, 51 Okla. Cr. 448, 3 Pac. (2d) 748.

The case-made not having been filed in this court until after the expiration of 60 days, the appeal comes too late, and this court does not acquire jurisdiction.

The attempted appeal is dismissed.

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Bluebook (online)

1936 OK CR 58, 57 P.2d 277, 59 Okla. Crim. 230, 1936 Okla. Crim. App. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wimberly-v-state-oklacrimapp-1936.

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