Haygood v. State
| Decision Date | 02 June 1948 |
| Docket Number | A-10835. |
| Citation | 194 P.2d 210,87 Okla.Crim. 41 |
| Parties | HAYGOOD v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
1. When an appeal in a misdemeanor case is not taken within the 60 days prescribed by the statute (22 O.S.1941 § 1054), the record or case-made must affirmatively show that the trial court or judge thereof for good cause shown extended the time; otherwise this court is without jurisdiction to review the judgment, and such appeal will be dismissed.
2. A failure to file the appeal in the appellate court within the time allowed by law is fatal to the appeal, and the appellate court has no discretion to hear and determine appeal on its merits when it is not taken within the time prescribed by statute.
3. Record examined and appeal in misdemeanor case is dismissed because filed in appellate court more than sixty days after pronouncement of judgment and sentence and record does not disclose that any extension of time in which such an appeal could have been filed was given.
Appeal from County Court of Pottawatomie County; Thomas M. Stevens Judge.
Albert Haygood was convicted of unlawful possession of whiskey, and he appeals.
Appeal dismissed, and cause remanded with directions to enforce the judgment and sentence.
Emmons Arrington, of Shawnee, for plaintiff in error.
Mac Q Williamson, Atty.Gen., and Sam H. Lattimore, Asst.Atty.Gen for defendant in error.
The Attorney General has filed a motion to dismiss the appeal for the reason that it was not taken within the sixty days prescribed by statute. 22 O.S.1941 § 1054. No response was filed by the defendant to the motion to dismiss.
The record discloses that judgment and sentence was pronounced against the defendant pursuant to the verdict of the jury on October 28, 1946, and at the time of the pronouncement of the judgment and sentence, the court granted the defendant an extension of thirty days from that date to make and serve the case-made.
Pursuant to the order of the court, the County Court reporter prepared and delivered to counsel for defendant within the thirty days a certified copy of the case-made. On November 25, 1946, the certificate of the trial judge was affixed to the case-made certifying the same as a true and correct case-made in said cause. Counsel for the defendant then had thirty-one days in which to lodge his appeal in this Court before the statutory period expired....
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