State v. Stone

On October 29, 1945, after a trial by jury, the defendant was found guilty of being a habitual criminal (chapter 334, General Laws of Oregon, 1927; section 26-801, et seq., O.C.L.A.), and, on November 1,1945, he was sentenced to be imprisoned for life in the state penitentiary. On December 18,1945, be duly served and filed a notice of appeal. The transcript on appeal was not filed in this court until February 18, 1946, and, on the same day, the district attorney for Polk County moved to dismiss the appeal, upon the ground that the transcript had not been filed in due time. On February 26,…