Cunningham v. State

This case is before this court on motion of the Attorney General to dismiss the petition in error on the ground that it was not filed within the time provided by law and thus the court is without jurisdiction to entertain it.

The plaintiff in error who will hereinafter be referred to as plaintiff was charged with assault and battery in the county court of Douglas County, Nebraska. He pleaded guilty and was sentenced to serve 90 days in the county jail. From the judgment and sentence he appealed to the district court. The district court dismissed his appeal. From the dismissal he has attempted…