Kirk v. State

Appellant, Bill Kirk, was convicted of burglary in the second degree alleged to have been committed in Tulsa county, November 2¡3, 1925, and in accordance with the verdict of the jury was sentenced to imprisonment in the penitentiary for a term of two years, the judgment rendered February 1'8, 1926. From the judgment an appeal was perfected by filing in this court on August 7, 1926, petition in error with case-made.

The Attorney General has filed a motion to dismiss the appeal on the ground that since the appeal was taken appellant departed from the state of Oklahoma to the state of Kansas,…