Notice of appeal was not served upon the county attorney or upon the clerk of the court in which the judg- •, ment was rendered, as is required by. section 6949 of Snyder’s Comp. Laws Okla. 1909.

' The state’s motion to dismiss the appeal. upon this ground must therefore be sustained. Boneparte v. State, ante, p. 345, 106 Pac. 347.