Hale v. State
| Decision Date | 22 December 1965 |
| Docket Number | No. A-13809,A-13809 |
| Citation | 409 P.2d 15 |
| Parties | Jack Goode HALE, 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. Appeal in misdemeanor case will be dismissed where petition in error with casemade is not filed in Court of Criminal
Appeals until statutory period of one hundred twenty days after date of judgment and sentence has elapsed. 22 O.S.A. § 1054.
2. Court of Criminal Appeals acquires no jurisdiction if appeal taken in misdemeanor case is not filed within time prescribed by statute. 22 O.S.A. § 1054.
3. Statute in force on date of rendition of judgment and sentence requiring defendant convicted of a misdemeanor to perfect his appeal within one hundred twenty days from date of entry of judgment is mandatory. 22 O.S.A. § 1054.
4. An appeal to the Court of Criminal Appeals may be taken by defendant as matter of constitutional right from any judgment of conviction rendered against him in court of record, but statutes regulate time and manner of exercising that right, and appeal must be taken in the manner prescribed. 22 O.S.A. § 1054.
Attempted appeal from the Municipal Criminal Court of City of Tulsa, Tulsa County; M. M. McDougal, Judge.
Jack Goode Hale was convicted of the offense of possession of narcotics paraphernalia, and attempts to appeal. Attempted appeal dismissed.
James D. Bass, Tulsa, for plaintiff in error.
Charles Nesbitt, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for defendant in error.
The plaintiff in error, Jack Goode Hale, defendant below, was charged by information filed in the Municipal Criminal Court of the City of Tulsa, Tulsa County, Oklahoma, with the offense of possession of narcotics paraphernalia, was tried, convicted by a jury, his punishment fixed at imprisonment in the county jail for ninety days, and has attempted to appeal.
The State has filed a motion to dismiss the appeal on the ground that the petition in error with casemade attached was not filed with the clerk of this Court within the time provided by statute, and, therefore, this Court is without jurisdiction to hear and determine the appeal.
This case was called for trial on April 26, 1965, and the jury returned a verdict on the same day. The judgment and sentence was not entered until May 28, 1965. The petition in error with casemade was not filed in this Court until September 28, 1965, more than one hundred twenty days after the date of the...
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Leigh v. Johnson
...that right must be exercised within the statutory requirements. See: Goad v. State, 49 Okl.Cr. 261, 293 P. 1116 (1931); Hale v. State, Okl.Cr.App., 409 P.2d 15 (1965); and This Court held in Rose v. State, Okl.Cr.App., 425 P.2d 1000, 1001: 'After said written notice of intent to appeal and ......