State v. Paris, 6458
| Decision Date | 25 October 1937 |
| Docket Number | 6458 |
| Citation | 72 P.2d 865,58 Idaho 315 |
| Parties | STATE, Respondent, v. GUST PARIS, Appellant |
| Court | Idaho Supreme Court |
CRIMINAL LAW-APPEAL-NOTICE OF APPEAL, SERVICE OF-DISMISSAL.
1. Right of appeal is statutory, and can be exercised only as provided by statute.
2. On appeal from conviction entered in district court, accused must serve his notice of appeal upon both attorney general and prosecuting attorney, either personally or by publication in manner provided by statute, if personal service cannot be made, and it is not sufficient to serve notice of appeal on attorney general by mail despite alleged custom of doing so. (I. C. A., sec. 19-2707.)
3. Motion to dismiss appeal from judgment of conviction entered in district court was required to be granted, where only service of notice of appeal on attorney general was by mail. (I. C. A., sec. 19-2707.)
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. Jay L. Downing, Judge.
Motion to dismiss an appeal from a judgment of conviction of the offense of practicing barbering without a Certificate of Registration as a registered barber. Motion granted.
Motion granted.
C. M Jeffery, for Appellant.
J. W Taylor, Attorney General, and Ariel L. Crowley, Assistant Attorney General, for Respondent.
OPINION
--Appellant was convicted in justice court of the offense of practicing barbering without a Certificate of Registration as a registered barber. Thereafter, he appealed to the district court for Bannock county, and was again convicted. Following his conviction in the district court, he filed in the office of the clerk a notice of appeal from the judgment of conviction, and caused a copy of the same to be personally served upon the prosecuting attorney of Bannock county, but did not personally serve a copy upon the attorney general. Respondent moves to dismiss the appeal upon the ground that the notice of appeal filed with the clerk of the district court was not personally served upon the attorney general.
In opposition to respondent's motion to dismiss, it is shown by the affidavit of counsel for appellant that: "On the 29th day of March, notice of appeal was duly served upon Milton E. Zener, as Prosecuting Attorney of Bannock County, Idaho, and upon the same date a copy of the notice of appeal, together with an acknowledgment of service was placed in the United States mail addressed to the Hon. J. W. Taylor, Attorney General of the State of Idaho, and enclosed therewith an acknowledgment of service together with a letter directing and requesting the Attorney General to sign the acknowledgment of service and file the same with the Clerk of the Supreme Court; that the practice has been in this district for the past seventeen years, to affiant's knowledge, to mail a copy of the notice of appeal to the attorney general and attorneys in this district heretofore have not been required to personally serve notice of appeal upon the attorney general's office."
It is contended by respondent that on an appeal from a conviction in a criminal case copies of the notice of appeal must be served upon the attorney general and the prosecuting attorney, and...
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