Lucas v. State

Court of Criminal Appeals of Oklahoma
Lucas v. State, 210 P. 1040 (1922)
22 Okla. Crim. 301; 1922 OK CR 184; 1922 Okla. Crim. App. LEXIS 35
PER CURIAM.

Lucas v. State

Opinion of the Court

PER CURIAM.

This is an attempted appeal from a judgment of conviction against defendant, Levi Lucas, rendered in the county court of Muskogee county on the 2d day of July, 1921, wherein defendant was sentenced to imprison *302 ment in the county jail for 30 days and to pay a fine of $50 on a verdict of a jury, finding, him guilty of the offense of unlawful possession of intoxicating liquor.

No written notices of appeal were served on the county .attorney of Muskogee county or on the court clerk thereof, nor was any summons in error served on the Attorney General, nor a waiver by said officer of the issuance and service ■of same.

In this case, counsel relied solely upon the 'giving of oral notice of appeal. This form of notice is insufficient in criminal cases, Burgess v. State, 18 Okla. Cr. 574, 197 Pac. 173.

This court having never acquired jurisdiction of this appeal, the same, for reasons stated, is hereby dismissed.

Reference

Full Case Name
Levi Lucas v. State.
Cited By
2 cases
Status
Published