Court of Criminal Appeals of Oklahoma, 1922

Gransbury v. State

Gransbury v. State
Court of Criminal Appeals of Oklahoma · Decided December 9, 1922 · PER CURIAM.
210 P. 733; 22 Okla. Crim. 240

Gransbury v. State

Opinion of the Court

PER CURIAM.

Plaintiff in error, Henry Gransbury, was • convicted in the county court of Alfalfa county on a charge • of selling cigarettes to a minor, and punishment fixed at confinement' in the county jail for 30 days and a fine of $100. • Judgment was rendered on the 11th day of May, 1920. From this judgment the defendant attempted to perfect an appeal by filing in this court, on September 10, 1920, a petition in error, with ease-made attached. The Attorney General and ■ county attorney have filed a motion to dismiss the appeal herein because the same was not filed within the time allowed by law and orders of the court.

It appearing on the face of the record that this appeal was not filed until the hundred and twenty-second day after *241 the rendition of judgment, this being an attempted appeal from a judgment of conviction for a misdemeanor, the motion to dismiss the appeal will be sustained, and the cause remanded to the county court of Alfalfa county, with directions to enforce the judgment and sentence. Griffin v. State, 14 Okla. Cr. 300, 170 Pac. 518.

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