State v. Berger
| Citation | 51 Or. 166,94 P. 181 |
| Parties | STATE v. BERGER. |
| Decision Date | 10 March 1908 |
| Court | Supreme Court of Oregon |
Appeal from Circuit Court, Lane County; L.T. Harris, Judge.
Jacke Berger was convicted of crime, and he appeals. Dismissed.
W.L. McFadden, Dist. Atty., and A.M. Crawford, Atty. Gen., for the State.
Motion to dismiss an appeal. The notice of appeal was given in open court, as provided in section 549 of the Civil Code. The Criminal Code provides that a notice of appeal in a criminal action must be served upon the clerk of the court and the district attorney of the county in which the judgment roll is filed. Id. §§ 1468, 1469. This Code is complete within itself, and the sections of the Civil Code in reference to appeals do not apply to criminal actions. State v. Ellis, 3 Or. 497; State v. Bovee, 11 Or. 57, 4 P. 520.
The appeal must therefore be dismissed for want of compliance with the requirements of law. State v. Horner, 36 Or. 68, 59 P. 549; State v. Blazier, 36 Or. 97, 60 P. 203.
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State v. Rosser
...on this subject". See also, in this connection: State v. Ellis, 3 Or. 497; State v. Bovee, 11 Or. 57, 4 P. 520; State v. Berger, 51 Or. 166, 94 P. 181, 16 L.R.A. (N.S.) 660; and State v. Archerd, 144 Or. 309, 24 P. (2d) 5. In State v. Bovee, supra, it is said that "the provisions of section......
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State v. Rosser
... ... appeal are complete within themselves and that the decisions ... in civil cases in this state "throw no light on this ... subject". See also, in this connection: State v ... Ellis, 3 Or. 497; State v. Bovee, 11 Or. 57, 4 ... P. 520; State v. Berger, 51 Or. 166, 94 P. 181, 16 ... L.R.A.,N.S., 660; and State v. Archerd, 144 Or. 309, ... 24 P.2d 5. In State v. Bovee, supra, it is said that ... "the provisions of section 531 of the Civil Code [now § ... 7-507, Oregon Code 1930, relating to appeals in civil cases] ... ...
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Huffman v. Alexander
...a code complete within itself, and the provisions of the civil code in reference to appeals do not apply to criminal actions. State v. Berger, 51 Or. 166, 94 P. 181; State v. Stone, 178 Or. 268, 269, 166 P.2d 980, and cases there cited. The point of the case is that, by statute, the field h......
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State v. Archerd
... ... this court does not acquire jurisdiction of appeals in ... criminal cases unless notice of appeal in each instance has ... been served on the county clerk. State v. Horner, 36 ... Or. 68, 59 P. 549; State v. Blazier, 36 Or. 97, 60 ... P. 203; State v. Berger, 51 Or. 166, 94 P. 181; ... State v. Mageske, 119 Or. 312, 227 P. 1065, 249 P ... 364; State v. Berg, 138 Or. 20, 3 P.2d 783, 4 P.2d ... 628; State v. McAweeney, 138 Or. 20, 3 P.2d 783, 4 ... P.2d 628 ... In ... State v. Horner, supra, the ... ...