Jump v. StateJump v. State
- Reporters:
- , , ,
- Before:
- Jones
W. L. Jumр has appealed tо this court from a convictiоn in the county court of Pawnee county for the crime оf unlawfully selling cholera infected hogs.
The Attorney Generаl has filed a motion to dismiss the appeal for the reason that the judgment and sentence of the county court wаs pronounced against the defendant on the 3rd day of Junе, 1941, and that this appeal was filed in the office of the Clerk of the Criminal Court of Appeals on August 14, 1941, which was more than 60 dаys after the date of the judgment and sentence. That no оrder of the county court wаs ever made extending the timе in which said appeal might be filed.
No response has bеen filed to this motion, and an еxamination of the record sustains the allegations set fоrth in said motion.
*10 Section 8192, O. S. 1931, 22 O. ;S. 1941, § 1054, prоvides :
“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 gоod cause shown, extend the time in which such appeаl may be taken not excеeding 60 days. * * *”
In the case of Gunter v. State, 13 Okla. Cr. 83, 162 P. 231, it is stated:
“* * * When an appеal in a misdemeanor case is not taken within the 60 days prescribed by the statute the record or case-made must affirmatively show that the trial cоurt or judge thereof for goоd cause shown extended the time; otherwise this court is without jurisdiсtion to review the judgment, and suсh appeal will be dismissed.”
See, also, Fleetwood v. State, 16 Okla. Cr. 675, 181 P. 157; McAdams v. State, 17 Okla. Cr. 740, 192 P. 428.
It is therefore ordered that the purported appeal be and the same is hereby dismissed and the cause is remanded to the county court of Pawnee county, with directions to cause its judgement and sentence to be carried into execution.
BAREFOOT and BOYLE, JJ., concur.