45 Colo. 65 | Colo. | 1908
delivered the opinion of the court.
On January 29, 1907, the plaintiff in error, defendant in a criminal cause pending before a justice of the peace, was found guilty and fined. On the same day his appeal bond in the sum of one hundred dollars was filed with the justice and was approved by that officer, and on the following day the said bond and a transcript of the record in said cause, duly certified by the justice of the peace, were filed in the office of the clerk of the county court. February 21, 1907, was, by agreement of counsel, fixed as the day for the trial of said cause in the county court, and the trial was postponed by the court until February 26,1907.
On February 26th, the district attorney moved to dismiss the appeal upon the ground that the appeal had not been perfected according to law. The appeal was dismissed. The cause comes here by writ of error to review the judgment of dismissal.
The court correctly dismissed the appeal. The statute, § 2771, Mills ’ Ann. Stats., requires that the
The judgment is affirmed.
Affirmed.