Fawconer v State

Fawconer v State
1931 OK CR 385
2 P.2d 609
52 Okl.Cr. 36
Decided: 08/28/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Dismissal of Appeal in Felony Case Where not Filed Within Six Months.

Appeal from District Court, Oklahoma County; Sam Hooker, Judge.

Clyde Fawconer was convicted of manslaughter in the first degree, and he appeals. Appeal dismissed.

J. Hugh Nolen and Walter Benson, 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 district court of Oklahoma county of manslaughter in the first degree and his punishment fixed at 25 years in the penitentiary.

The case was tried and judgment rendered June 21. The appeal was lodged in this court December 24. The record for appeal is styled "case-made" and was settled and signed as such, but it is in fact a transcript. It does not contain the testimony of the witnesses. Defendant's counsel have attempted to procure a remand of the case on motion, setting out they are unable to procure from the court reporter all the testimony taken at the trial. It is not necessary that we consider this claim, since the attempted appeal was not lodged in this court until more than six months from the date the judgment was rendered.

Page 37

The statute fixes the time for appeal and this court is without power to enlarge the terms of the statute. When an appeal is filed after the expiration of the six months' period, this court does not acquire jurisdiction. Section 2808, Comp. St. 1921; Peyton v. State, 41 Okla. Cr. 186, 270 P. 860.