Legal Opinion

State v. Chilberg

Supreme Court of Kansas

Decided April 10, 1909No. 16,242Published

Appeal from Saline district court; Rollin R. Rees, • judge.

1Opinion of the Court

The opinion of the court was delivered by

MASON, J.:

A. Chilberg was convicted of a misdemeanor, and appeals. The state moves to dismiss the proceeding because he failed to file his transcript in this court within thirty days after he gave his notice of appeal. He maintains that the present statute allows him a longer time for that purpose.

A part of section 284 of the criminal code, which has never in terms been repealed or amended, reads: “The transcript must be filed within thirty days after the appeal is taken.” Under this it is held that although a defendant may serve successive notices of…

2Cases cited4 opinions

  1. State v. McEwenSupreme Court of Kansas · 1873
  2. State v. CatonSupreme Court of Kansas · 1905
  3. State v. SimmonsSupreme Court of Kansas · 1902
  4. Youngberg v. SmartSupreme Court of Kansas · 1904

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