Madden v. State

• Decision Date: 04 May 1949
• Docket Number: A-10981.
• Citation: 206 P.2d 244,89 Okla.Crim. 203
• Parties: MADDEN v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

206 P.2d 244

89 Okla.Crim. 203

MADDEN v. STATE.

No. A-10981.

Court of Criminal Appeals of Oklahoma

May 4, 1949

Appeal from Court of Common Pleas, Oklahoma County; Glen O. Morris Judge.

William Edward Madden was convicted of illegal possession of intoxicating liquor, and he appeals.

Appeal dismissed and the cause remanded with directions.

Syllabus by the Court.

1. While an appeal may be taken by defendant as a matter of right from judgment of conviction, the manner of taking and perfecting such appeal is a proper matter of legislative control, and the statute prescribing the manner in which an appeal can be taken is mandatory.

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. In misdemeanor cases, the appeal must be taken within 60 days after the judgment is rendered, provided, however, that the trial court or judge may for good cause shown extend the time in which an appeal may be taken not exceeding 60 days. Tit 22 O.S. 1941 § 1054. When the appeal is not filed within the time prescribed by said section, this court does not acquire jurisdiction of the appeal, and such appeal will be dismissed.

Earl E James, of Oklahoma City, for plaintiff in error.

Mac Q Williamson, Atty. Gen., and Lewis A. Wallace, Asst. Atty. Gen., for defendant in error.

JONES Presiding Judge.

This is a purported appeal from a judgment and sentence pronounced against the defendant, William Edward Madden, in the Court of Common Pleas of Oklahoma County on June 20, 1947, wherein the defendant was sentenced to pay a fine of $350 and serve sixty days imprisonment in the County Jail upon a conviction of the offense of illegal possession of intoxicating liquor.

The appeal from said judgment and sentence was filed in this court on December 1, 1947, which was more than 120 days after the rendition of the judgment and sentence and therefore not within the period of time prescribed by law within which an appeal might be taken to this court from the judgment pronounced in a misdemeanor case. Tit. 22 O.S. 1941 § 1054.

The failure to file the appeal in the Criminal Court of Appeals within the time allowed by statute is fatal to the appeal the appellate court has no jurisdiction and no discretion to determine the...