Austin v. State

Plaintiff in error Avas convicted in the county court of Blaine county of having, unlaAvful possession of Avhisky and was sentenced to pay a fine of $200 and to serve 30 days in the county jail.

This appeal must he dismissed for two reasons :

First. The notice of appeal Avas not served on the court clerk as required by section 3193, Okla. Stat. 1931, but was served only on the county attorney. The failure to serve the court clerk is jurisdictional. Lutke v. State, 37 Okla. Cr. 18, 255 Pac. 719.

Second. The case-made was not served on the county attorney within the time fixed by law nor within…