State v. Rosser

Since this case was dismissed under a former order of this court, the defendant has filed a petition for rehearing and also a motion to strike his first notice of appeal from the files and to permit him to be heard upon his second appeal.

In our former opinion we held that the appeal must be dismissed because of Rosser's failure to file the transcript within the time allowed by law and that his second appeal, which was taken after the first appeal had been perfected, was invalid.

This ruling Rosser claims was erroneous and contrary to the holding in State v. Tucker, 57 Or. 59, 110 P. 392. In…