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No notice of appeal was given by plaintiff in error as provided by section 6949 of Snyder's Comp. Laws Okla.; the record showing only that plaintiff in error, on being sentenced, prayed an appeal, which was allowed. The state has filed a motion to dismiss the appeal for failure to serve the notices required by law. Upon the authority of Ensley v. State, infra,
109 P. 250 , the motion is well taken, and will be sustained.It is therefore ordered that the purported appeal herein be and the same is hereby dismissed, and that a mandate issue *Page 65 directing the county court of Wagoner county to enforce its judgment and sentence herein.
Document Info
Docket Number: No. A-463.
Citation Numbers: 109 P. 255, 4 Okla. Crim. 64, 1910 OK CR 150, 1910 Okla. Crim. App. LEXIS 14
Judges: PER CURIAM.
Filed Date: 5/28/1910
Precedential Status: Precedential
Modified Date: 11/13/2024