Merritt v. State

The plaintiff in error was convicted in the district court of Mayes county on a charge of assault with a dangerous weapon and sentenced to serve a term of two years in the state penitentiary. The verdict was returned on March 5, 1926. The motion for a new trial was overruled, and judgment and sentence entered on March 15, 1926-, The record for appeal was lodged in this court on September 13, 1926. The state has' filed motion to dismiss the attempted appeal for the reason that no notice of appeal was served upon the clerk of the court and the county attorney as required by section 2809, Comp.…