Kirk v. State

This is an attempted appeal from a judgment of the district court of Rogers county, rendered on a verdict' finding the defendant, Willie Kirk, guilty of burglary and fixing his punishment at two years in the penitentiary.

The Attorney General has filed a motion to dismiss the appeal on the ground that no notices of appeal were served on the county attorney or clerk of the court and no summons in error was issued and served upon the Attorney General, or the same waived.

An examination of the; record discloses that the motion to dismiss is well taken. In the case of Burgess v. State, 18 Okla. Cr.…