Madden v State

Madden v State
1949 OK CR 52
206 P.2d 244
89 Okl.Cr. 203
Decided: 05/04/1949
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and ErrorStatute Prescribing Manner of Taking Appeal Mandatory.

Page 204

of taking and perfecting such appeal is a proper matter of legislative control, and the statute prescribing the manner in which an appeal can be taken is mandatory.

2. SameFailure to File Appeal Within Time Allowed by Law Fatal to Appeal.

3. SameTime for Filing Appeal in Misdemeanor CasesDismissal of Appeal.

Appeal from Court of Common Pleas, Oklahoma County; Glen O. Morris, Judge.

William Edward Madden was convicted of illegal possession of intoxicating liquor, and he appeals. Appeal dismissed and the cause remanded with directions.

Earl E. James, of Oklahoma City, for plaintiff in error.

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

JONES, P. J. This is a purported appeal from a judgment and sentence pronounced against the defendant, William Edward Madden, in the court of common pleas of Oklahoma county on June 20, 1917, wherein the defendant was sentenced to pay a fine of $35O and serve 60 days' imprisonment in the county jail upon a conviction of the offense of illegal possession of intoxicating liquor.

Page 205

The appeal from said judgment and sentence was filed 120 days after the rendition of the judgment and sentence in this court on December I, 1947, which was more than and therefore not within the period of time prescribed by law within which an appeal might be taken to this court from the judgment pronounced in a misdemeanor case. Tit 22 O.S. 1941 § 1054.

The failure to file the appeal in the Criminal Court of Appeals within the time allowed by statute is fatal to the appeal; the appellate court has no jurisdiction and no discretion to determine the appeal in such a case. Bullard v. State, 73 Okla. Cr. 238, 119 P.2d 870; Estes v. State, 74 Okla. Cr. 77, 123 P.2d 288.

It is therefore ordered that the appeal be dismissed and the cause is remanded to the trial court with directions to enforce its judgment and sentence.

BAREFOOT, and BRETT, JJ., concur.