Plaintiff in error, hereinafter called defendant, was convicted in county court of McIntosh county of possession of intoxicants and was sentenced to pay a fine of $100 and to serve 90 days in the county jail.

No notice of appeal was served, nor was same waived by Attorney General.

Appellant in a criminal case must serve written notice on court clerk and county attorney. Section 3193, Oída. Stat. 1931. ■ ■ ■

*73 It has been many times held by this court that where no notice is served, this court acquires no jurisdiction. Sharer v. State, 40 Okla. Cr. 420, 269 Pac. 511; Brown v. State, 55 Okla. Cr. 11, 23 Pac. (2d) 719; Burgess v. State, 18 Okla. Cr. 574, 197 Pac. 173; Lutke v. State, 37 Okla. Cr. 18, 255 Pac. 719.

The attempted appeal is dismissed.