Denney v State

Denney v State
1948 OK CR 91
198 P.2d 230
87 Okl.Cr. 383
Decided: 09/29/1948
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Failure to File Appeal Within Time Allowed by Law 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 appeals on the merits when they are not taken within the time prescribed by statute.

2. Same-Appeal Dismissed Where Petition and Case-Made not Filed Within Time. Where petition in error and case-made have not been filed within the time prescribed by law, the criminal court of Appeals does not acquire Jurisdiction and appeal will be dismissed on motion.

3. Same. Criminal Court of Appeals is reluctant to dismiss an appeal, but must do so when it has not acquired jurisdiction.

Page 384

Appeal from County Court, Craig County; Frank L. Haymes, Judge.

William Truman Denney was convicted of the offense of driving a motor vehicle while under the influence of intoxicating liquor, and his punishment fixed at 30 days in jail and $50 fine, and he appeals. Appeal dismissed and case remanded, with directions.

Paul 0. Simms, of Vinita, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., and George Pitcher, Co. Atty., of Vinita, for defendant in error.

BAREFOOT, P. J. William Truman Denney was charged in the county court of Craig county with the offense of "driving a motor vehicle while under the influence of intoxicating liquor"; was tried, convicted, and a fine of $50 and 30 days in jail assessed by the jury.