State v. Archerd

RAND, C. J.,

specially concurring. If this were a case of first impression, there might be some force in the reasoning of Mr. Justice Rossman that section 13-1209, Oregon Code 1930, is a statute merely defining the procedure of appeals in criminal cases and that its purpose is accomplished by filing the notice of appeal with, the clerk of the court without making any further service upon him. From this he argues that the making of actual service upon the clerk is unnecessary and a vain act. However, the legislature has the power to prescribe the manner in which appeals may be perfected and, in…