Logan v State

Logan v State
1931 OK CR 367
3 P.2d 748
51 Okl.Cr. 448
Decided: 08/15/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error Time for Appeal in Misdemeanor Case. In a misdemeanor case the appeal must be taken within 60 days after the judgment is rendered or within an extension of time made by the trial court or judge, not to exceed 60 days additional.

2. Same Time for Appeal not Extended by Order Extending Time for Case-Made. An order extending the time to make and serve case-made for appeal does not automatically extend the time within which to file the appeal.

Appeal from County Court, Pittsburg County; S.F. Brown, Judge.

Clifton Logan was convicted of having the unlawful possession of intoxicating liquor, and he appeals. Appeal dismissed.

Harris & Lackey, for plaintiff in error.

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

EDWARDS, J. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Pittsburg county on a charge of having the unlawful possession of intoxicating liquor, and he was sentenced to a term of 60 days in the county jail and to pay a fine of $150.

Judgment in this case was entered on June 9, 1930. The appeal was lodged in this court on September 2, 1930. No order extending the time in which to file the appeal was made. There is an order extending the time to make and serve the case-made; this order does not extend the time to file the appeal. Buxton v. State,

Page 449

41 Okla. Cr. 376, 273 P. 372; Miller v. State, 41 Okla. Cr. 367, 273 P. 374.

In misdemeanor cases, the appeal must be taken within 60 days after the judgment is rendered, unless the court or judge, for good cause shown, extend the time not exceeding 60 days' additional. Section 2808, Comp. St. 1921. Unless the record affirmatively shows that the court extended the time beyond the 60-day period fixed by statute, an appeal filed after the expiration of said 60 days is too late, and this court does not acquire jurisdiction.