Court of Criminal Appeals of Oklahoma, 1922

Reed v. State

Reed v. State
Court of Criminal Appeals of Oklahoma · Decided August 19, 1922 · PER CURIAM.
208 P. 227; 21 Okla. Crim. 376; 1922 OK CR 118; 1922 Okla. Crim. App. LEXIS 263

Reed v. State

Opinion of the Court

PER CURIAM.

Tbis is an appeal from tbe county court of Okmulgee county, wherein tbe plaintiff in error was convicted of tbe offense of unlawfully transporting intoxicating liquors, and sentenced to pay a fine of $250 and to serve a term of 90 days’ imprisonment in tbe county jail. Tbe Attorney General has filed a motion to dismiss tbe appeal, which said motion is as follows:

“Comes now tbe Attorney General and represents and shows to tbe court that tbis is an appeal from a judgment of conviction in tbe county court. of Okmulgee county wherein plaintiff in error was found guilty of the offense of unlawfully transporting liquors, and judgment .rendered sentencing him to 90 days in the county jail, and assessing a fine of $250 which said judgment was rendered on tbe 1st day of May, 1920.
“That tbe said appeal was not perfected, and the record in said case was not filed in tbis court until August 19, 1920, which was more than 60 days after tbe date of tbe rendition of said judgment, and tbe trial court not having extended tbe time in which said appeal should be perfected, this- court is without jurisdiction to entertain said appeal, for which reason the defendant in error moves that the appeal be dismissed.
“S. P. Freeling, Attorney General.
*377 “E. L. Fulton, Assistant .Attorney General.”

An examination of tbe record discloses that tbé motion to dismiss, tbe appeal is well taken, and for reasons stated in tbe motion tbe appeal is hereby dismissed. The following decisions of this,court are in point: Danna v. State, 16 Okla. Cr. 114, 180 Pac. 869; Krivanek v. State, 11 Okla. Cr. 172, 144 Pac. 188.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.