Ferchau v State

Ferchau v State
1929 OK CR 436
281 P. 598
45 Okl.Cr. 4
Decided: 10/12/1929
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Dismissal of Appeal of Misdemeanor Case Where Record for Appeal is not Timely Filed.

Appeal from County Court, Ellis County; L.H. Clark, Judge.

R. Ferchau was convicted of having the unlawful possession of whisky, and he appeals. Appeal dismissed.

J.W. Burrow, for plaintiff in error.

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

EDWARDS, P.J. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Ellis county of having the unlawful possession of whisky, and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

Page 5

Judgment was rendered March 9, 1928, and the appeal was lodged in this court July 9, 1928. An appeal from a conviction for a misdemeanor must be filed in this court in 60 days. Unless the court makes proper orders of extension, the extreme limit in which an appeal can be filed in this court is 120 days. Section 2808, Comp. St. 1921. More than 120 days had elapsed from the date of the judgment before the appeal was filed in this court. As a consequence this court acquires no jurisdiction.