Opinion

Chastain v. State

  • 56 Okla. Crim. 72
  • 33 P.2d 813
  • 1934 OK CR 80
  • 1934 Okla. Crim. App. LEXIS 23
Court
Court of Criminal Appeals of Oklahoma
Filed
Jun 19, 1934
Status
Published
On the bench
PER CURIAM.
Cited by
0 cases
Authority
More cited than 0.1%

The opinion

PER CURIAM.

Plaintiff in error, hereinafter called defendant, was convicted in county court of McIntosh

county of

possession of intoxicants and

was

sentenced to pay a fine of $100 and to serve 90 days in the county jail.

No notice of appeal was served, nor was same waived by Attorney General.

Appellant in a criminal case must serve written notice on court clerk and county attorney. Section 3193, Oída. Stat. 1931. ■ ■ ■

*73

It has been many times held by this court that where no notice is served, this court acquires no jurisdiction. Sharer v. State, 40 Okla. Cr. 420 , 269 Pac. 511 ; Brown v. State, 55 Okla. Cr. 11 , 23 Pac. (2d) 719 ; Burgess v. State, 18 Okla. Cr. 574 , 197 Pac. 173 ; Lutke v. State, 37 Okla. Cr. 18 , 255 Pac. 719 .

The attempted appeal is dismissed.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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