State v. Horner

The notice of appeal in this case is directed to and was served upon the district attorney, but not upon the clerk of the court where the judgment roll is filed. For this reason the attorney-general moves to dismiss the appeal, and the motion must be allowed. The criminal statute provides (Section 1438, Hill’s Ann. Laws), that “An appeal must be taken by the service of notice, in writing, on the clerk of the court where the judgment roll is filed, stating substantially that the appellant appeals from the judgmentand, Hill’s Ann. Laws, § 1434, “If the appeal be taken by the defendant, a…