Hurt v State

Hurt v State
1934 OK CR 53
32 P.2d 745
55 Okl.Cr. 424
Decided: 05/04/1934
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error - Time for Filing Appeal not Extended by Order Extending Time for Case-Made. An order extending time to make and serve case-made does not automatically extend time within which to file appeal, and, unless order of extension of time to file appeal is made, it must be filed within, the 60 days provided by section 3192, Okla. St. 1931.

2. Time - Time Within Which Act to Be Done Computed by Excluding First Day and Including Last. The time within which an act is to be done shall be computed by excluding the first day and including the last; if the last day be Sunday, it shall be excluded. Section 22, Okla. St. 1931.

Page 425

Appeal from Court of Common Pleas, Oklahoma County; L.V. Reid, Judge.

W.M. Hurt was convicted of illegal possession of intoxicating liquor, and he appeals. Appeal dismissed.

J.L. Francis, for plaintiff in error.

J. Berry King, Atty. Gen., for the State.

EDWARDS, P.J. Plaintiff in error, hereinafter called defendant, was convicted in the court of common pleas of Oklahoma county of illegal possession of intoxicating liquor, and was sentenced to pay a fine of $75 and to serve a term of 30 days in the county jail.

Judgment was entered on September 2d. At that time defendant was given 60 days in which to prepare and serve case-made for appeal. Three days were allowed to suggest amendments, to be settled and signed on three days' notice. On November 2d, an order was made extending time for preparing and serving case-made to November 17th. On November 17th another order was made extending time to prepare and serve case-made to December 1st. On November 27th a further order was made extending the time to prepare and serve case-made to December 16th. None of the orders included an extension of time within which to file appeal in this court. The appeal was lodged in this court December 30th.

An order extending time to make and serve case-made does not automatically extend the time to file appeal, and, unless an order of extension of time to file appeal is made, it must be filed within the 60 days provided by section 3192, Okla. St. 1931. Buxton v. State, 41 Okla. Cr. 376, 273 P. 372.

Even had the order extending time to file appeal been incorporated in the orders extending time to prepare and

Page 426