Rosell v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Delaware county of the crime of larceny of live stock, and his punishment fixed by the court at imprisonment in the state penitentiary for a period of three years.

Judgment was rendered on April 10, 1931. The time to file an appeal in the case expired on the 10th day of October, 1931, at midnight. The appeal was not filed in this court until the 16th day of October, 1931. Section 2808, C. O. S. 1921, provides:

“* * * In felony cases the appeal must be taken within six months after the judgment is rendered.…