Opinion

State v. Brown

  • 5 Okla. Crim. 579
  • 114 P. 340
  • 1911 OK CR 124
  • 1911 Okla. Crim. App. LEXIS 85
Court
Court of Criminal Appeals of Oklahoma
Filed
Mar 21, 1911
Status
Published
On the bench
PER CURIAM.
Cited by
1 cases
Authority
More cited than 58.1%

The opinion

PER CURIAM.

On the 3d day of November, 1909, the county court of Oklahoma county sustained a demurrer to the information filed in this cause, wherein the appellee was charged with having violated the law relating to employees of corpora

*580

tions and contractors, by wilfully and negligently failing to correctly set forth and state in a letter given to a discharged employee the true cause why said employee was discharged from such service. At the time when this judgment was rendered the law required that all appeals in misdemeanors should be perfected within 60 days from date of said judgment, provided that for good cause shown the trial judge might extend such time an additional 60 days. The judge of the lower court did not extend the time within which such apneal might be perfected.

Section 6949, Snyder’s Comp. Laws of Okla. 1909, is as follows:

“An appeal is taken by the service of a notice upon the clerk of .the court where the judgment was entered, stating that the appellant appeals from the judgment. If taken by the defendant, a similar notice must be served upon the prosecuting attorney. If taken by the state, a similar notice must be served upon the defendant, if he can be found in the county; if not there, by posting up a notice three weeks in the office of the clerk of the district court.”

No notice of appeal was served upon the clerk of the county court of Oklahoma county^ until the 29th day of March, 1911, which was long after the 60 days had expired for perfecting the appeal. This question has heretofore been passed upon in the case of

State v. Willie

Richardson, 4 Okla. Cr. 373 , 111 Pac. 687 . In that case the Attorney General confessed error because the statute above quoted had not been complied with. We there held that, when the notices above provided for had not been given in the time required by law, this court acquires no jurisdiction of the appeal in a criminal case.

We therefore have no option except to dismiss this appeal.

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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