State v. Tucker
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. The appellant, Tom Tucker, was tried and convicted of the crime of participating in a riot and being sentenced to imprisonment in the penitentiary, prosecutes this appeal. Appellant now moves to dismiss the appeal without prejudice.
1Opinion of the CourtJustice McBride
The defendant was convicted of the crime of participating in a riot, and sentenced to imprisonment in the penitentiary. A certificate of probable cause was granted, and he was admitted to bail. He gave timely notice of appeal, but the transcript was not transmitted to this court within five days, and his attempted appeal is therefore void. Appellant now appears, by his counsel, and moves to dismiss the appeal without prejudice, indicating his desire to take a second appeal.
This court has held that the dismissal of an appeal in civil cases is a final disposition of the case, and that a second…
2Cases cited8 opinions
- Evans v. State BankSupreme Court of the United States · 1890
- Ward v. HollinsCourt of Appeals of Maryland · 1859
- State v. . ChastainSupreme Court of North Carolina · 1889
- Nestucca Wagon Road Co. v. LandinghamOregon Supreme Court · 1893
- McCarty v. WintlerOregon Supreme Court · 1889
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3Cited by3 opinions
- State v. StoneOregon Supreme Court · 1946
- State v. RosserOregon Supreme Court · 1939
- State v. RosserOregon Supreme Court · 1939