Howard v State

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Howard v State
1948 OK CR 30
192 P.2d 297
86 Okl.Cr. 289
Decided: 03/31/1948
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Time for Appeal. In a misdemeanor ease 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-Court Without Jurisdiction to Hear Appeal After 120 Days From Date of Judgment. The Criminal Court of Appeals

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is without jurisdiction to hear and determine an appeal in a misdemeanor case filed in such court after the expiration of one hundred twenty days from the date of judgment, and a motion to dismiss will be sustained.

Appeal from Court of Common Pleas, Tulsa County; Grady S. Cornett, Judge.

Mrs. Glen Howard was convicted of cruelty to animals and she appeals and the Attorney General moves to dismiss appeal. Motion to dismiss sustained and appeal dismissed.

F. V. Westhafer, of Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., for defendant in error.

BAREFOOT, P. J. Mrs. Glen Howard, the defendant, was charged in the court of common pleas of Tulsa county with the offense of cruelty to animals; waived a jury and was tried before the court, found guilty and sentenced to pay a fine of $25 and the costs, and has appealed.

Defendant, in her brief, states:

"Information had been filed as a felony charge, but at time of trial the information was changed to charge a misdemeanor."

The record in this case shows that judgment and sentence was entered on October 19, 1946; that the case-made was served upon the county attorney of Tulsa county on December 26, 1946, was signed and settled by the trial court on January 11, 1947, and on the same day was filed in the court of common pleas and withdrawn, but the petition in error with case-made attached was not filed in this court until March 22, 1947, which was more than 120 days after the judgment was rendered by the trial court.