Houser v State

Houser v State
1912 OK CR 405
127 P. 706
8 Okl.Cr. 292
Case Number: No. A-1493
Decided: 11/18/1912
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Misdemeanor Time of Taking.

Appeal from Blaine County Court; George W. Ferguson, Judge

H.B. Houser was convicted of violating the prohibitory law, and appeals. Dismissed.

I.H. Lookabaugh

Smith C. Matson

FURMAN, P.J. It appears from the record that the judgment in this case was rendered against the appellant in the county court of Blaine county on the 26th day of July, 1911,

Page 293

from which appellant appealed. But the appeal was not perfected by filing the transcript of the record in this court until the 25th day of November, 1911.

On the 27th day of September, 1911, the county court of Blaine county entered an order granting 4 months from date of judgment in which the appellant might prepare and file his case-made in this court. This order is without warrant or authority of law. Section 6948, Comp. Laws 1909, regulates this matter as follows:

"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 said appeal may be taken not exceeding sixty days."