Yarbrough v. State

1912 OK CR 246, 120 P. 1135, 7 Okla. Crim. 700, 1912 Okla. Crim. App. LEXIS 53

Opinion

PER CURIAM.

Plaintiff in error was convicted in the county court of Garfield county, on a charge of having unlawful possession of intoxicating liquor with intent to sell the same, and on May 6, 1911, adjudged to pay a fine of fifty dollars and serve thirty days in the county jail. The Attorney General has filed a motion to dismiss the appeal for the following reason:

"Because the record shows that this is an attempted appeal from a judgment of. conviction for a misdemeanor rendered in the county court of Garfield county on the 6th day of May, 1911, and the petition in error and case-made were not filed in this court until the 5th day of September, 1911, more than 120 days after the rendition of such judgment. ’ ’

There is no answer to the motion, and we take it as confessed. The motion is sustained, and the appeal accordingly dismissed.