Bethel v State

Bethel v State
1912 OK CR 117
121 P. 792
7 Okl.Cr. 36
Case Number: No. A-1010
Decided: 03/07/1912
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Time for Taking Proceedings.

Appeal from District Court, Seminole County; Preslie B. Cole, Judge

Will Bethel was convicted of manslaughter in the first degree, and appeals. Dismissed.

Crump, Skinner & Bailey

Smith C. Matson

FURMAN, P.J. On the 26th day of May, 1910, judgment was rendered in the district court of Seminole county against appellant, and he was sentenced to confinement in the state penitentiary at McAlester for a period of five years for the offense of manslaughter in the first degree.

The transcript of the record was not filed in this court until February 4, 1911, which was over eight months after the judgment was entered against appellant. Under the law appeals must be perfected in felony cases within six months from the date of the rendition of the judgment. As this was not done in the case at bar we have no discretion except to dismiss the appeal for want of jurisdiction. See Farmer v. State, 5 Okla. Cr. 151, 114 P. 753.

ARMSTRONG and DOYLE, JJ., concur.