State v. Horner
| Decision Date | 08 January 1900 |
| Citation | 36 Or. 68,59 P. 549 |
| Parties | STATE v. HORNER. |
| Court | Oregon Supreme Court |
Appeal from circuit court, Lane county; J.W. Hamilton, Judge.
E.D. Horner was convicted of uttering and publishing a forged instrument, and appeals. Dismissed.
J.C. Leasure, for appellant.
D.R.N. Blackburn, Atty. Gen., for the State.
The notice of appeal in this case is directed to and was served upon the district attorney, but not upon the clerk of the court where the judgment roll is filed. For this reason the attorney general moves to dismiss the appeal, and the motion must be allowed. The criminal statute provides that "an appeal must be taken by the service of notice in writing, on the clerk of the court where the judgment roll is filed, stating substantially that the appellant appeals from the judgment" (Hill's Ann.Laws, § 1433); and, "if the appeal be taken by the defendant, a similar notice must be served on the district attorney for the county in which the judgment roll is filed" ( Id. § 1434). Appeals are matters of purely statutory regulation, and there must be a substantial compliance with the statute in order to confer jurisdiction upon this court. For a failure to serve the notice upon the clerk, as required, the appeal must be dismissed ( Territory v. Hanna, 5 Mont. 246, 5 P. 250; State v. Gibbs, 10 Mont. 210, 25 P. 288, 10 L.R.A. 749), and it is so ordered.
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...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 notice of appeal was addressed to the county clerk, but in State v. Blazier, supra, it was addressed to the state of Oregon, the dis......
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State v. Berger
... ... 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 ... ...
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State v. Berg
...13-1210 provides that if the appeal be taken by the defendant a similar notice must be served on the district attorney. In State v. Horner, 36 Or. 68, 59 P. 549, State Blazier, 36 Or. 97, 60 P. 203, and State v. Berger, 51 Or. 166, 94 P. 181, each being a criminal case, and appeals being ma......