Fuller v State

Fuller v State
1920 OK CR 69
188 P. 694
17 Okl.Cr. 709
Decided: 04/10/1920
Oklahoma Court of Criminal Appeals

Appeal from Superior Court, Okmulgee County; R.E. Simpson, Judge.

Frances Fuller was convicted of a violation of the prohibitory liquor laws, and appeals. Appeal dismissed.

PER CURIAM. The Attorney General has filed the following motion to dismiss the appeal in this case:

"Comes now the defendant in error, and moves the court for an order dismissing the appeal, for the reason that the offense for which the plaintiff in error was convicted was a misdemeanor, and the appeal in said case was not taken within sixty days from the date of the rendition of the judgment, the record disclosing that the judgment of conviction was rendered on November 28, 1917, and that the record was not filed in this court until the 23rd day of March, 1918, which is more than sixty days from the date of said judgment and the record does not disclose that the trial court at any time entered any order extending the time in which the appeal should be taken."