Brown v. State, A--14122
| Decision Date | 24 April 1968 |
| Docket Number | No. A--14122,A--14122 |
| Parties | Roy BROWN, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court
1. Failure to file appeal in appellate court within time allowed by law is fatal to appeal, and Court of Criminal Appeals has no discretion to hear and determine appeals on merits when they are not taken with time prescribed by law.
2. Civil certificate form showing time of filing petition in error and casemade in the Court of Criminal Appeals is a nullity, and has no bearing on extending time in criminal case.
An attempted appeal from the District Court of McCurtain County; Howard Phillips, Judge.
Roy Brown was convicted of the offense of Indirect Contempt of Court and appeals. Dismissed.
Hal Welch, Hugo, for plaintiff in error.
G. T. Blankenship, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for defendant in error.
Roy Brown, hereinafter referred to as defendant, was found guilty of Indirect Contempt of Court in the District Court of McCurtain County and the judgment and sentence was rendered against him on the 17th day of June, 1966; the same was not filed of record until the 26th day of August, 1966. On the 27th day of June, 1966, defendant filed a Notion of Intention to Appeal, set forth in the following language:
'TO THE HONORABLE DON ED PAYNE, COUNTY ATTORNEY OF McCURTAIN COUNTY, OKLAHOMA, AND SAM HESS, COURT CLERK OF McCURTAIN COUNTY, OKLAHOMA:
YOU AND EACH OF YOU ARE HEREBY NOTIFIED that the undersigned Roy Brown, defendant in the above styled and numbered action, does hereby give you notice of his intention to appeal to the Court of Criminal Appeals of the State of Oklahoma from the conviction and judgment and sentence entered herein on the 17th day of June, 1966, wherein it was adjudicated that he was guilty of an indirect contempt of this court and sentenced therefor.
Dated this the 27th day of June, 1966.
ROY BROWN
BY
/s/ Hal Welch
HAL WELCH, HIS ATTORNEY.'
On this same date he filed a Request for Casemade and Application for Extension of Time to Make and Service Same. Also filed on the 27th day of June, 1966, was an Application for Permission to File Motion for New Trial After Judgment and Sentence. Thereafter, on the 29th day of June, 1966, there was filed an Order Allowing Filing of Motion for New Trial After Judgment, Extending Time to Make and Service Case-made, and Fixing Defendant's Bond on Appeal. The next instrument shown in the case-made is the Judgment and Sentence dated June 17, 1966, but filed August 26, 1966, followed by a Motion for New Trial which was filed June 29, 1966. Next is an Order Overruling Motion for New Trial and Extending Time to Serve Case-made, filed August 26, 1966. Thereafter, the defendant again filed a Notice of Intention to Appeal on the 26th day of August, 1966. There also appears in the record a certificate of the trial court wherein he states that the latest date by which a petition in error could be filed in this Court would be November 26, 1966.
The Attorney General has filed a Motion to Dismiss this attempted appeal for the reason that it was not filed within 120...
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