United States v. Smith
District Court, D. Alaska
This cause was submitted on the motion of the United States to dismiss the appeal of the defendant Smith from a judgment of conviction of a violation of section 1 of the. Alaska Bone Dry Act (U. S. Comp. St. 1918, U. S. Comp. St. Ann. Supp. 1919, § 3643b), entered on October 25, 1921, by the commissioner and ex officio justice of the peace of the Petersburg precinct.
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This cause was submitted on the motion of the United States to dismiss the appeal of the defendant Smith from a judgment of conviction of a violation of section 1 of the. Alaska Bone Dry Act (U. S. Comp. St. 1918, U. S. Comp. St. Ann. Supp. 1919, § 3643b), entered on October 25, 1921, by the commissioner and ex officio justice of the peace of the Petersburg precinct. The transcript of the record discloses that the defendant Smith was tried by a jury in the commissioner’s court of the. Petersburg precinct, for the crime of having in his possession intoxicating liquor, found guilty, and…
1Opinion of the Court
REED, District Judge.
The notice of appeal is obviously insufficient. The essentials of a notice of appeal from a justice court, under our statute, are clearly set forth in a number of cases. See Neppach v. Jordan, 13 Or. 246, 10 Pac. 341; Weitzman v. Handy, 1 Alaska, 658; Koppitz v. United States (C. C. A.) 272 Fed. 96; Kingsbury v. Pacific Coal & Transp. Co., 3 Alaska, 42.
In United States v. Larsen, 2 Alaska, 577, Moore, District Judge, held in effect that a notice of appeal does not sufficiently describe the judgment appealed from, unless the nature of the crime of which the defendant is…
2Cases cited9 opinions
- Merchants Heat & Light Co. v. J. B. Clow & SonsSupreme Court of the United States · 1907
- Belknap v. CharltonOregon Supreme Court · 1893
- In Re Waters of Chewaucan RiverOregon Supreme Court · 1918
- Jones v. JonesOregon Supreme Court · 1911
- Bishop v. FischerSupreme Court of Kansas · 1915
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3Cited by1 opinion
- City of Anchorage v. AndersonDistrict Court, D. Alaska · 1951