Opinion
No. A-5113.
Opinion Filed October 24, 1925. Rehearing Denied November 28, 1925.
Appeal and Error — Appeal in Misdemeanor Case not Perfected Within 120 Days Dismissed. Under section 2808, Comp. Stat. 1921, where appeal upon a conviction for a misdemeanor is not lodged in this court within 120 days after rendition of judgment, this court does not acquire jurisdiction, and the appeal will be dismissed.
Appeal from County Court, Stephens County; Eugene Rice, Judge.
Charley Dibrell was convicted of transporting liquor, and appeals. Appeal dismissed.
Bond Lewis, for plaintiff in error.
George F. Short, Atty. Gen., and Chas. Hill Johns, Asst. Atty. Gen., for the State.
From a conviction in the county court of Stephens county on a charge of transporting whisky, the plaintiff in error has appealed. The state has filed a motion to dismiss the appeal, for the reason that it was not lodged in this court within 120 days.
An examination of the record discloses that the motion for a new trial was overruled and judgment and sentence entered on the 10th day of December, 1923, and that the appeal was filed on the 9th day of April, 1924, or a period of 121 days. The longest time in which an appeal from a conviction for a misdemeanor may be lodged in this court is 120 days. Section 2808, Comp. Stat. 1921. This appeal not having been lodged within 120 days, this court did not acquire jurisdiction, and the motion of the state must be sustained. Farmer v. State, 5 Okla. Cr. 151, 114 P. 753; Cook v. State, 5 Okla. Cr. 678, 114 P. 1129; Jones v. State, 4 Okla. Cr. 660, 112 P. 760; Scott v. State, 4 Okla. Cr. 657, 112 P. 763; Place v. State, 28 Okla. Cr. 149, 229 P. 651; Fuhr v. State, 31 Okla. Cr. 409, 239 P. 679.
The appeal is dismissed.
BESSEY, P.J., and DOYLE, J., concur.