Chastain v State

Chastain v State
1934 OK CR 80
33 P.2d 813
56 Okl.Cr. 72
Decided: 06/19/1934
Oklahoma Court of Criminal Appeals

Appeal from County Court, McIntosh County; Milam M. King, Judge.

Charlie Chastain was convicted of possessing intoxicating liquor, and he appeals. Appeal dismissed.

F.A. Greene, for plaintiff in error.

J. Berry King, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error, hereinafter called defendant, was convicted in county court of McIntosh county of possession of intoxicants and was sentenced to pay a fine of $100 and to serve 90 days in the county jail.

No notice of appeal was served, nor was same waived by Attorney General.

Appellant in a criminal case must serve written notice on court clerk and county attorney. Section 3193, Okla. Stat. 1931.

Page 73

It has been many times held by this court that where no notice is served, this court acquires no jurisdiction. Sharer v. State, 40 Okla. Cr. 420, 269 P. 511; Brown v. State, 55 Okla. Cr. 11, 23 P.2d 719; Burgess v. State, 18 Okla. Cr. 574, 197 P. 173; Lutke v. State, 37 Okla. Cr. 18, 255 P. 719.