Brittain v. State

The defendant, Montie Brittain, was charged in the district court of Pontotoc county with the crime of obtaining property by means of a bogus check, jury waived, was tried, convicted and sentenced to serve one year in the State Penitentiary, and has appealed.

Prom the judgment rendered May 27, 1940, an appeal was attempted by filing in this court on November 20, 1940, a petition in error with case-made.

A motion to dismiss the appeal has been filed by the Attorney General, based upon the grounds that no- notice of appeal was served on the court clerk or the county attorney, and no service of…