Fay v. State

This is an attempted appeal from the district court of Okmulgee county, Okla., rendered on verdict and judgment finding the defendant, John Fay, guilty of assault with intent to kill and murder, and fixing his punishment at six months in the state penitentiary.

The Attorney General has filed a motion to dismiss the appeal on the ground that no' notices of appeal were served on the county attorney or court clerk, and no summons in error was issued and served upon the Attorney General or the same waived.

An examination of the record shows that the motion to dismiss is well taken. In the case of…