State v. Archerd

The majority bases its conclusion that section 13-1209, Oregon Code 1930, requires one convicted in the circuit court of a crime to hand to the county clerk a copy of the original notice of appeal and obtain from him an acknowledgment of service or prove service in some other manner (except the proof supplied by the presence of the original in the county clerk’s files) upon two premises: (1) our codes of criminal and civil procedure are not alike; and (2) the doctrine of stare decisis. No effort whatever is made by the majority to show that the con struction which they have placed upon…