State v. Genovese

Defendant was tried and convicted in the Court of Common Pleas of Lake County. After sentence, he filed a notice of appeal on questions of law and fact. The notice was filed December 13, 1963; and a bill of exceptions was seasonably filed January 2, 1964. No assignments of error or brief was filed at that time or since. On February 6, 1964, the state moved to dismiss the appeal for failure of appellant to file briefs within the time limited by Section 2953.04, Revised Code.

Defendant apparently relies on the claimed rule that no law and fact appeal, denominated as such, can be dismissed but…