# Brown v. State

> Court of Criminal Appeals of Oklahoma · June 9, 1933 · 55 Okla. Crim. 11

URL: https://www.frixlaw.com/law-library/cases/3829508

## Case

- **Full name:** J. H. Brown v. State.
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** June 9, 1933
- **Citations:** 55 Okla. Crim. 11; 23 P.2d 719; 1933 OK CR 61; 1933 Okla. Crim. App. LEXIS 3
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Chappell
- **Judges:** Chappell, Edwards, Davenport
- **Cited by:** 4 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3829508

## Opinion text

CHAPPELL, J.
Plaintiff .in error, hereinafter called defendant, was convicted in the county court of Oklahoma county of maintaining a disorderly house, and his punishment fixed by the jury at a fine of $50 and imprisonment in the county jail for a period of nine months.
The Attorney General has filed a motion to dismiss the appeal, because notice of appeal was not served on the county attorney or the court clerk of Oklahoma county, nor was any summons in error issued and served on the Attorney General or the issuance and service of same waived by said officer.
Where no' notice of intention to appeal is served on the county attorney or court clerk, and where no summons in error is issued and served, and where the Attorney General has not waived the issuance and service of summons in error, this court acquires no jurisdiction of the appeal. Burgess v. State, 18 Okla. Cr. 574 , 197 Pac. 173 ; Aubrey v. State, 38 Okla. Cr. 271 , 260 Pac. 783 ; Sharer v. State, 40 Okla. Cr. 420 , 269 Pac. 511 .
*12
It appears from the reeord that the contention of the Attorney General is well taken, and the motion to dismiss the appeal should be sustained.
For the reason stated, the appeal is dismissed.
EDWARDS, P. J., and DAVENPORT, J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3829508. Public record. Not legal advice.