Opinion
No. 13,658.
Filed May 9, 1929.
CRIMINAL LAW — Appeal — Filing of Transcript — Dismissal of Appeal. — Since the amendment of § 328 of the Criminal Code (§ 2382 Burns 1926) in 1927 (Acts 1927, ch. 132, § 16, p. 411), an appeal must be dismissed where the transcript was not filed in the office of the Clerk of the Supreme Court within sixty days after the appeal was taken.
From Rush Circuit Court; A.L. Gary, Special Judge.
Sylvia Headlee was convicted of unlawful possession of intoxicating liquor, and she appealed. Appeal dismissed.
Albert C. Stevens, for appellant.
Arthur L. Gilliom, Attorney-General, and Harry L. Gause, Deputy Attorney-General, for the State.
The appellant gave notice to Chester M. George, prosecuting attorney for the Sixty-fifth Judicial Circuit, on June 28, 1927, which notice was acknowledged by the prosecuting attorney on the same day that he would appeal to the Supreme Court of Indiana from the judgment rendered against him in the Rush Circuit Court on June 28, 1927. The transcript was filed in the Supreme Court on September 23, 1927. It was necessary that the transcript be filed within sixty days after the appeal was taken. Acts 1927, ch. 132, p. 411, § 16. Upon the authority of Dudley v. State (1928), 200 Ind. 398, 161 N.E. 1, the appeal is dismissed.