Haygood v State

Haygood v State
1948 OK CR 55
194 P.2d 210
87 Okl.Cr. 41
Decided: 06/02/1948
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Time for Appeal in Misdemeanor Cases. When an appeal In a misdemeanor case is not taken within

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the 60 days prescribed by the statute (22 0. S. 1941 § 1054), the record or case-made must affirmatively show that the trial court or judge thereof for good cause shown extended the time; otherwise, this court is without jurisdiction to review the judgment, and such appeal will be dismissed.

2. Same-Failure to File Appeal Within Statutory Time Fatal to Appeal. A failure to file the appeal in the appellate court within the time allowed by law is fatal to the appeal, and the appellate court has no discretion to hear and determine appeal on its merits when it is not taken within the time prescribed by statute.

3. Same Appeal Dismissed. Record examined and appeal in misdemeanor case is dismissed because filed in appellate court more than sixty days after pronouncement of judgment and sentence and record does not disclose that any extension of time in which such an appeal could have been filed was given.

Appeal from County Court, Pottawatomie County;

Thomas M. Stevens, Judge.

Albert Haygood was convicted of unlawful possession of whisky, and he appeals. Appeal dismissed, and cause remanded with directions to enforce the judgment and sentence.

Emmons Arrington, of Shawnee, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

JONES, J. The Attorney General has filed a motion to dismiss the appeal for the reason that it was not taken within the sixty days prescribed by statute. 22 0. S. 1941 1054. No response was filed by the defend-ant to the motion to dismiss.

The record discloses that judgment and sentence was pronounced against the defendant pursuant to the verdict of the jury on October 28, 1946, and at the time of the pronouncement of the judgment and sentence, the

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court granted the defendant an extension of thirty days from that date to make and serve the case-made.