Smith v. State

BRETT, Judge.

This is an attempted appeal by petition in error, forma pauperis by John Smith, Jr., from a judgment and sentence of four years in the state penitentiary for second degree rape, on a plea of guilty, arising out of the district court of Tulsa County, Oklahoma. The judgment and sentence was entered against the petitioner on May 27, 1960. The appeal by petition in error was lodged in this Court on November 29, 1960.

Under the provisions of 22 O.S. 1951 § 1054, an appeal in a felony case must be lodged in this Court within six months after the judgment and sentence is rendered,…