State v. Foster

This is an attempted appeal by the. state on a reserved question of law in a case tried in the district court of Tulsa county, in which defendant was charged with the murder of one Payne and was acquitted. Section 3191, Okla. St. 1931, permits an appeal by the state on a reserved question of law. Section 3193, Okla. iSt. 1931, provides the manner in which an appeal may be taken either by a defendant or the state, and is:

“An appeal is taken by the service of a notice upon the clerk of the court where the judgment Avas entered, stating that the appellant appeals from the judgment. If taken by…