State v. Simmons

This is an attempted appeal by the state from the district court of Tulsa county from a judgment of the district court sustaining a plea of former jeopardy, wherein the state prosecuted the defendant in error here on a charge of receiving deposits in an insolvent bank.

The state has attempted to appeal under the provisions of section 2809, Comp. St. 1921, which is as follows:

“An appeal is taken by the service of a notice upon the clerk of the court where the judgment was entered, stating that the appellant appeals from the judgment. If taken by the defendant, a similar notice must be served…