Johnson v. State

CAREY, Justice.

The defendant below was convicted of grand larceny in the Superior Court. A sentence of imprisonment was imposed on September 10th, 1965. This appeal from that judgment was filed on October 31, 1966. The State has moved to dismiss the appeal because it was filed more than sixty days after imposition of sentence.

T. 10 Del.C. § 147 bars appeals to this Court in criminal actions unless the praecipe or notice of appeal is filed within sixty days after imposition of sentence. Our Rule 23, Del.C.Ann. contains the same limitation. Under T. 10 Del.C. § 146, the limitation of time does…