State v. Sims, 41374
| Decision Date | 11 April 1959 |
| Docket Number | No. 41374,41374 |
| Parties | STATE of Kansas, Appellee, v. Harold E. SIMS, Appellant. |
| Court | Kansas Supreme Court |
Syllabus by the Court
Supreme court has no jurisdiction to entertain an appeal by a defendant in a criminal case, unless he first complies with G.S.1949, 62-1724 by serving within time prescribed therein notice of appeal on the county attorney of the county in which he was tried, and filing the same, showing proof of such service, with the clerk of the district court.
Harold E. Sims, pro se.
Nicholas Klein, Deputy County Atty., Wichita, argued the cause, and John Anderson, Jr., Atty. Gen., Robert E. Hoffman, Asst. Atty. Gen., and Keith Sanborn, County Atty., Wichita, were with him on the briefs for appellee.
Defendant, Harold E. Sims, was charged, tried and convicted in the district court of Sedgwick county of the crime of robbery in the first degree as denounced by G.S.1949, 21-105 and 21-527. His motion for a new trial was overruled and he was sentenced to confinement in the state penitentiary for a period of not less than ten nor more than twenty-one years, in accordance with G.S.1949, 21-530. Defendant was represented by competent counsel prior to and throughout the trial, at the hearing on his motion for a new trial and at the time sentence was pronounced.
More than five months later and while in confinement under the sentence imposed, defendant attempted pro se to take an appeal to this court by filing with the clerk of the district court of Sedgwick county a paper which he denominated a notice of appeal, addressed to _____, assistant attorney general for the state of Kansas, in which he stated, in substance, that he intended to and did appeal to the supreme court of Kansas from the judgment rendered in this action, and that he further appealed from his conviction of robbery in the first degree. It was signed by defendant pro se. No service of notice of appeal was had on the county attorney. The state furnished a record of the proceedings and testimony in the case for defendant and he filed in this court a short document entitled 'Appeal Brief and Summary.'
This court is first confronted with the question of our jurisdiction to hear defendant's attempted appeal. Sections 5, 10 and 18 of the bill of rights of our state constitution guarantee a prompt, fair trial by jury to one charged with crime. Our constitution does not guarantee a defendant an appeal to the supreme court. Article 3, section 3 of our state constitution fixes the jurisdiction of this court. It provides that the supreme court shall have original jurisdiction in proceedings in quo warranto, mandamus and habeas corpus, and such appellate jurisdiction as may be provided by law. The legislature has the power to grant, limit and withdraw additional appellate jurisdiction of this court, and to provide a procedure for the exercise of the jurisdiction granted. Our cases thoroughly covering this problem are found in Cochran v. Amrine, 155 Kan. 777, 130 P.2d 605, and Union Pac. R. Co. v. Missouri Pac. R. Co., 135 Kan. 450, 452, 10 P.2d 893.
G.S.1949, 62-1701 provides that an appeal to the supreme...
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State v. Thompson
...in a criminal case, unless he takes his appeal within the time prescribed by the statutes providing for such an appeal. (State v. Sims, 184 Kan. 587, 337 P.2d 704; State v. Shores, 185 Kan. 586, 345 P.2d 686.) Since the defendant Thompson failed to serve and file his notice of appeal by Oct......
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Vaughn v. Nadel
...has been given the power to grant, limit and withdraw the appellate jurisdiction to be exercised by the courts. State v. Sims, 184 Kan. 587, 588, 337 P.2d 704 (1959). See also 16 Am.Jur.2d, Constitutional Law, § 331, p. 868. Procedure has been defined as the mechanics by which a legal right......
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State v. Ji
...Thompson, 221 Kan. 165, Syl. p 1, 558 P.2d 1079 (1976); State v. Shores, 185 Kan. 586, 588, 345 P.2d 686 (1959); and State v. Sims, 184 Kan. 587, 588, 337 P.2d 704 (1959). The Supreme Court has only such appellate jurisdiction as is conferred by statute pursuant to Article 3, Section 3, of ......
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State v. Henning
...in a criminal case, unless he takes his appeal within the time prescribed by the statutes providing for such an appeal. (State v. Sims, 184 Kan. 587, 337 P.2d 704; State v. Shores, 185 Kan. 586, 345 P.2d 686; and State v. Thompson and Pennington, 221 Kan. 165, 558 P.2d 1079.) The supreme co......