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.