Legal Opinion · Dissent

State v. Good

Court of Appeals of Arizona

Decided April 8, 1969No. 2 CA-CR 153-170Published

1DissentKrucker, Judge

I concur with my colleagues as to the dismissal of the seventeen cases in which no notice of appeal was filed. However, I am of the opinion that No. 2 CA-CR 153 likewise should be dismissed on jurisdictional grounds, i. e., lack of jurisdiction of the person.

I have no quarrel with the basic proposition that such “jurisdictional” question may .be waived by failure to raise a timely objection. 4A C.J.S. Appeal & Error § 595b. The majority appears to predicate its finding of waiver upon lack of a timely objection, and therein I disagree. It would require more than filing a designation of…

2Cases cited6 opinions

  1. Szafranski v. RadetzkyWisconsin Supreme Court · 1966
  2. Baumgarten v. JonesWisconsin Supreme Court · 1963
  3. W. H. Dreves, Inc. v. Oslo School TownshipIndiana Supreme Court · 1940
  4. Winchester v. Winn and Winn Const. Co.Missouri Court of Appeals · 1930
  5. Bray Clothing Co. v. HollandSupreme Court of Oklahoma · 1923

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