High v State

High v State
1913 OK CR 92
131 P. 189
9 Okl.Cr. 183
Case Number: No. A-1916
Decided: 04/12/1913
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Taking of Appeal Time.

Appeal from Roger Mills County Court; E.E. Tracy, Judge.

N.B. High was convicted of violating the prohibitory liquor law, and he appeals. Appeal dismissed.

E.L. Mitchell,

C.J. Davenport

FURMAN, J. Section 6948, Comp. Laws 1909 (Rev. Laws, 5991). is as follows:

"In misdemeanor cases the appeal must be taken within sixty days after the judgment is rendered; provided, however, that the trial court may, for good cause shown, extend the time in which the appeal may be taken not exceeding sixty days."

In this case the appellant was convicted for a violation of the prohibitory liquor law, and his punishment was assessed at a fine of $50, and 30 days confinement in the county jail.

Page 184

Judgment was rendered against appellant on the 214th day of August, 1912, but the appeal was not perfected by filing the record in this court until February 20, 1913. As the appeal was not perfected within the time required by law, this court has not acquired jurisdiction of the cause. As no counsel has appeared in this court to represent appellant, we are impelled to the belief that this attempted appeal was used merely for the purpose of securing delay.