Tucker v State

Tucker v State
1932 OK CR 79
10 P.2d 293
53 Okl.Cr. 246
Decided: 04/09/1932
Oklahoma Court of Criminal Appeals

Appeal from District Court, Garfield County; J.W. Bird, Judge.

Flo Neff Tucker was convicted of driving an automobile while intoxicated and, she appeals. Appeal dismissed, and case remanded with directions.

Edwards & Robinson, for plaintiff in error.

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

DAVENPORT, P.J. The plaintiff in error, in this opinion referred to as the defendant, was convicted of driving an automobile while under the influence of intoxicating liquor, and her punishment fixed by the court at confinement in the penitentiary at McAlester for a period of one year.

The judgment in this case was rendered on the 12th day of February, 1931, and the petition in error, and a

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portion of the record, was not filed until the 18th day of August, 1931, which was six months and six days after the rendition of the judgment.

Section 2808, C. O. S. 1921, is as follows:

"In misdemeanor cases the appeal must be taken within 60 days after the judgment is rendered; Provided, however, that the trial court or judge may, for good cause shown, extend the time in which such appeal may be taken not exceeding 60 days. In felony cases the appeal must be taken within six months after the judgment is rendered, and a transcript in both felony and misdemeanor cases must be filed as hereinafter directed."