Oklahoma v Bowling

Oklahoma v Bowling
1928 OK CR 308
271 P. 687
41 Okl.Cr. 107
Decided: 11/17/1928
Oklahoma Court of Criminal Appeals

Appeal from Superior Court, Okmulgee County; J.H. Swan, Judge.

W.T. Bowling and another were indicted on a charge of criminal conspiracy, and, from judgment sustaining a demurrer to the indictment, the State appeals. Appeal dismissed.

A.N. Boatman, Co. Atty., for the State.

L.A. Wallace, for defendants in error.

PER CURIAM. In this case the state attempted to appeal from the judgment of the superior court of Okmulgee county, Henryetta division, sustaining the defendant's

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demurrer to an indictment charging them with the alleged offense of criminal conspiracy.

The defendants in error filed a motion to dismiss on the grounds that said pretended appeal was filed in this court more than 60 days from the date of said judgment, and no order was made by the trial court extending the time within which to appeal, and therefore this court has no jurisdiction to determine the questions involved in said pretended appeal, and that the trial court, at the time of sustaining the demurrer to the indictment, did not direct a resubmission of the case, or direct that a new information be filed, and said judgment is a complete bar to any further prosecution against the defendants in error for said alleged offense, and therefore the question raised by this intended appeal as to the sufficiency of said indictment has become a moot question.