Berbohm v State

Berbohm v State
1930 OK CR 36
287 P. 726
46 Okl.Cr. 119
Decided: 01/31/1930
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Dismissal of Appeal not Filed Within Legal Time.

Appeal from County Court, Oklahoma County; C.C. Christison, Judge.

Arthur F. Berbohm and another were convicted of having the unlawful possession of intoxicating liquor, and they appeal. Appeal dismissed.

Paul R. Haustein, for plaintiff in error.

Page 120

J. Berry King, Atty. Gen., for the State.

EDWARDS, P.J. Plaintiffs in error were convicted in the county court of Garfield county of having the unlawful possession of intoxicating liquor, and were each sentenced to pay a fine of $50 and to serve thirty days in the county jail.

The judgment was rendered on February 2, 1928, and the appeal was lodged in this court June 12, 1928, more than one hundred and twenty days after the judgment was rendered. Under the provisions of section 2808, Comp. Stat. 1921, the extreme limit within which an appeal from a conviction for a misdemeanor can be prosecuted to this court is one hundred and twenty days. Where the appeal is not filed until after the expiration of that time, this court does not acquire jurisdiction.