Legal Opinion

Chastain v. State

Court of Criminal Appeals of Oklahoma

Decided June 19, 1934No. A-8723Published

1Per curiam

Plaintiff in error, hereinafter called defendant, was convicted in county court of McIntosh county of possession of intoxicants and was sentenced to pay a fine of $100 and to serve 90 days in the county jail.

No notice of appeal was served, nor was same waived by Attorney General.

Appellant in a criminal case must serve written notice on court clerk and county attorney. Section 3193, Oída. Stat. 1931. ■ ■ ■

It has been many times held by this court that where no notice is served, this court acquires no jurisdiction. Sharer v. State, 40 Okla. Cr. 420, 269 Pac. 511; Brown v. State, 55 Okla. Cr.…

2Cases cited4 opinions

  1. Burgess v. StateCourt of Criminal Appeals of Oklahoma · 1921
  2. Lutke v. StateCourt of Criminal Appeals of Oklahoma · 1927
  3. Sharer v. StateCourt of Criminal Appeals of Oklahoma · 1928
  4. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1933

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