Oregon Supreme Court, 1908

State v. Berger

Oregon Supreme Court · Decided March 10, 1908

51 Or. 166; 94 P. 181; 1908 Ore. LEXIS 46

Cases that cite this one

10 later published cases cite this decision.

State v. Archerd (Or. 1933)
Huffman v. Alexander (Or. 1952)
State v. Montgomery (Or. 1983)
Broom v. Alexander (Or. 1953)
State v. Stone (Or. 1946)
State v. Rosser (Or. 1939)
State v. Fehl (Or. 1935)
State v. Berg and McAweeney (Or. 1931)
State v. Mageske (Or. 1926)
State v. Way (Or. 1926)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

Per Curiam.

Motion to dismiss an appeal. The notice of appeal was given in open court, • as provided in Section 549, B. & C. Comp, of the Civil Code. The Criminal Code provides that a notice of appeal in a criminal action must be served upon the clerk of the court and the district attorney of the county in which *167the judgment roll is filed: B. & C. Comp. §§ 1468, 1469. This code is complete within itself, and the sections of the Civil Code in reference to appeals do not apply to criminal actions: State v. Ellis, 3 Or. 497; State v. Bovee, 11 Or. 57 (4 Pac. 520).

2. The appeal must therefore be dismissed for want of compliance with the requirements of law: State v. Horner, 36 Or. 68 (59 Pac. 549); State v. Blazier, 36 Or. 97 (60 Pac. 203). Dismissed.

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