Hamlin v State

Hamlin v State
1916 OK CR 31
155 P. 904
12 Okl.Cr. 321
Case Number: No. A-2674
Decided: 03/15/1916
Oklahoma Court of Criminal Appeals

APPEAL Dismissal.

(Syllabus by the Court.)

Appeal from County Court, Creek County; Vick S. Decker, Judge.

Grant Hamlin, convicted of violating the prohibitory law, appeals. Appeal dismissed.

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Burt & Shaha, for plaintiff in error.

R. McMillan, Asst. Atty. Gen., for the State.

PER CURIAM. On an information charging that in Creek county, on or about the 23rd day of April, 1915, the defendant, Grant Hamlin, did have in his possession three cases of whisky and two hundred bottles of beer, with the unlawful intent to sell the same, he was tried and convicted in the County Court of Creek county. On the 11th day of September, 1915, the court rendered judgment and sentenced said defendant to be confined in the county jail for sixty days and to pay a fine of one hundred dollars. From the judgment rendered, an appeal was attempted to be taken by filing in this court on March 11, 1916, a petition in error with case-made attached.

The attorney general has filed a motion to dismiss the appeal for the reason that the appeal was not filed within the statutory time allowed by section 5991 Rev. Laws. It appearing on the face of the record that said appeal was filed just six months after the judgment was rendered.

Our Procedure Criminal provides that:

"In misdemeanor cases the appeal must be taken within sixty days after the judgment is rendered, provided, however, that the trial court or judge may, for good cause shown, extend the time in which such appeal may be taken not exceeding sixty days."

Section 5991 Rev. Laws.

In this case the time for filing the petition in error in this court expired the 9th day of January, 1915. This court has uniformly held that in order to confer jurisdiction on this court to review a judgment appealed from, the appeal must be taken within the time prescribed by the statute.

In the case of Bandy v. State, 5th Okla. Cr. 397, 114 P. 341, it is said:

"We believe that the statute requiring appeals in misdemeanor cases to be taken within 60 days and permitting the

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