State v. Mageske

The defendants having been convicted of the crime of unlawfully possessing mash, wort and wash fit for distillation, attempted to appeal to this court. The notice of appeal was directed to and served upon the district attorney, but no notice was served upon the clerk of the court.

Section 1610, Or. L., provides that an appeal must be taken by service of a notice, in writing, on the clerk of the court where the judgment-roll is filed. Section 1611 provides that a similar notice must be served upon the district attorney for the county in which the judgment-roll is filed. In State v. Berger, 51…