State v. Berg and McAweeney

’ The defendants John Berg and F. J. McAweeney were jointly indicted for the crime of attempted larceny. They were tried separately and each was convicted and sentenced. The facts are the same in each case. Both attempted to appeal to this court. The district" attorney moved to dismiss the appeals for the reason that the notices of appeal were not served upon the clerk of the circuit court, where the judgment rolls are, as required by section 13-1209, Oregon Code 1930.

Notices of appeal were served upon the district attorney. No notice of appeal in either case was served upon the clerk of the…