Nichols v State

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Nichols v State
1910 OK CR 146
109 P. 255
4 Okl.Cr. 61
Case Number: Nos. A-461 and A-462
Decided: 05/28/1910
Oklahoma Court of Criminal Appeals

Appeal from Wagoner County Court; W.T. Drake, Judge.

C.M. Nichols was convicted of violating the prohibition law, and sentenced to pay a fine of $300 and to be imprisoned in the county jail for a term of 60 days, and he appeals. Appeal dismissed.

B.J. Beavers, for plaintiff in error.

Fred S. Caldwell, for the State.

PER CURIAM. No notice of appeal was given by plaintiff in error as provided by section 6949 of Snyder's Comp. Laws Okla.; the record showing only that plaintiff in error, on being sentenced, prayed an appeal, which was allowed. The state has filed a motion to dismiss the appeal for failure to serve the notices required by law. Upon the authority of Ensley v. State, infra, 109 P. 250, the motion is well taken, and will be sustained.

It is therefore ordered that the purported appeal herein be and

Page 62

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