Plaintiff in error was convicted in the county court of Craig county at the January, 1911, term, on a charge of selling intoxicating liquor, and his punishment fixed at a fine of three hundred and fifty dollars and confinement in the county jail for a period of sixty days. The Attorney General has filed a motion to dismiss the appeal for the following reason:

“Because the record shows that this is an attempted appeal from a judgment of conviction for a misdemeanor rendered in the eounty court of Craig county, Oklahoma, on the 6th day of February, 1911, and the petition in error and ease-made were not filed in this court until August 7, 1911, more than 120 days after the rendition of such judgment. ’ ’

There is no answer to the motion, and we take it as confessed. The motion is sustained, and the appeal accordingly dismissed.