George v State

George v State
1935 OK CR 9
40 P.2d 1117
56 Okl.Cr. 370
Decided: 01/25/1935
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error - Necessity for Notice of Appeal or Service of Summons in Error on Attorney General.

Page 371

Appeal from District Court, Carter County; John B. Ogden, Judge.

H.A. George was convicted of larceny of live stock, and he appeals. Appeal dismissed.

E.W. Schenk, for plaintiff in error.

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

PER CURIAM. The plaintiff in error was convicted in the district court of Carter county of larceny of live stock, and sentenced to serve a term of five years' imprisonment in the state penitentiary.

The Attorney General has filed a motion to dismiss the appeal on the ground that no written notice was served on the court clerk or county attorney, and no summons in error was issued and served, and the Attorney General has not waived the issuance and service of summons in error. The failure to serve a written notice on the court clerk and county attorney is jurisdictional.

Where no notice of intention to appeal is served on the county attorney and court clerk, and where no summons is issued and served, and where the Attorney General has not waived the issuance and service of summons, this court acquired no jurisdiction of the appeal. Brown v. State, 55 Okla. Cr. 11, 23 P.2d 719; Austin v. State, 55 Okla. Cr. 278, 28 P.2d 1113.