State v. Berger
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Jack Berger was convicted of crime and gave notice of appeal in open court, as provided in Section 549, B. & C. Comp. (Civil Code). The State now moves to dismiss the appeal. On Motion to Dismiss the Appeal.
1Opinion of the Court
1
2Per curiam
Motion to dismiss an appeal. The notice of appeal was given in open court, • as provided in Section 549, B. & C. Comp, of the Civil Code. The Criminal Code provides that a notice of appeal in a criminal action must be served upon the clerk of the court and the district attorney of the county in which *167the judgment roll is filed: B. & C. Comp. §§ 1468, 1469. This code is complete within itself, and the sections of the Civil Code in reference to appeals do not apply to criminal actions: State v. Ellis, 3 Or. 497; State v. Bovee, 11 Or. 57 (4 Pac. 520).
2. The appeal must therefore be dismissed…
3Cases cited4 opinions
- State v. HornerOregon Supreme Court · 1900
- State v. EllisOregon Supreme Court · 1869
- State v. BlazierOregon Supreme Court · 1900
- State v. BoveeOregon Supreme Court · 1883
4Cited by13 opinions
- State v. MontgomeryOregon Supreme Court · 1983
- State v. MageskeOregon Supreme Court · 1926
- State v. Berg and McAweeneyOregon Supreme Court · 1931
- Broom v. AlexanderOregon Supreme Court · 1953
- State v. StoneOregon Supreme Court · 1946
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