State v. Dickerson
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. The defendant, R. T. Dickerson, was convicted of the crime of manslaughter on the 18th day of September, 1909, and was sentenced to three years’ imprisonment in the penitentiary. On the same day a notice of appeal was served and filed, and on the day following a certificate of probable cause was given and filed.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice McBride. The defendant, R. T. Dickerson, was convicted of the crime of manslaughter on the 18th day of September, 1909, and was sentenced to three years’ imprisonment in the penitentiary. On the same day a notice of appeal was served and filed, and on the day following a certificate of probable cause was given and filed. The transcript and judgment roll were transmitted to this court on December 1, 1909. No order was ever made granting additional time within which to file the transcript, and the State moves to dismiss the…
1Opinion of the CourtJustice McBride
1. Section 1479, B. & C. Comp., is as follows:
“Upon appeal being taken, the clerk of the court where the notice of appeal is filed must, within five days thereafter, or such further time as such court or the judge thereof may allow, transmit a certified copy of the notice of appeal, certificate of cause, if any, and judgment roll, to the clerk of the Supreme Court.”
Section 1480 provides:
“If the appeal be irregular in a substantial particular, but not otherwise, the appellate court may, on motion of the respondent and notice to the defendant, order it to be dismissed.”
Section 1481 provides:
“The…
2Cases cited1 opinion
- State v. WilliamsOregon Supreme Court · 1909
3Cited by7 opinions
- State v. RosserOregon Supreme Court · 1939
- State v. MorganOregon Supreme Court · 1913
- State v. KeeneyOregon Supreme Court · 1916
- State v. StoneOregon Supreme Court · 1946
- State v. FehlOregon Supreme Court · 1934
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