Brown v State

Brown v State
1915 OK CR 198
151 P. 1018
12 Okl.Cr. 46
Case Number: No. A-2401
Decided: 11/06/1915
Oklahoma Court of Criminal Appeals

Where it does not appear in the case-made that the notices of appeal required by the statute to be served upon the clerk of the trial court and upon the county attorney, and no answer or response is made to a motion to dismiss on said ground, the motion to dismiss the appeal will be sustained.

Appeal from District Court, Cherokee County; John H. Pitchford, Judge.

Bob Brown, convicted of hog theft, appeals. Appeal dismissed.

J.D. Cox, for plaintiff in error.

S.P. Freeling, Atty. Gen., R. McMillan, Asst. Atty. Gen., and Henry M. Vance, Co. Atty. Cherokee Co., for the State.

PER CURIAM. The plaintiff in error was convicted in the District Court of Cherokee county on a charge of stealing two sows, the property of William Smith. On the 22nd day of December, 1914, judgment was rendered and he was sentenced in accordance with the verdict of the jury to imprisonment in the penitentiary for the term of one year and one day. From the judgment an appeal was attempted to be taken by filing in this court on February 13, 1915, a petition in error with case-made. The state has filed a motion to dismiss the appeal filed herein for the following reasons:

"Because the case-made filed in said cause by plaintiff in error shows that no notice of appeal was ever served upon the county attorney and neither was a notice of appeal served upon the clerk of the District Court of Cherokee county wherein this cause was tried."

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