Allison v. State ( 1924 )

PER CURIAM.

On tbe 23d day of September, 1923, tbe county attorney of-Adair county filed an information in tbe county court of said county charging Lee Allison with the crime of unlawful conveyance of whisky from a point unknown in said county to tbe town of Stillwell in said county. Trial was bad on the 16th day of November, 1923, resulting in a verdict of guilty, with punishment fixed as above stated. On tbe 17th day of November judgment was rendered in accordance with tbe verdict.

Motion for a new trial was filed and overruled, and tbe defendant prayed an appeal to this court; tbe court granting 45 days in which to make and serve case-made. Tbe case-made was served on tbe county attorney on tbe 7th day of January, 1924; suggestion of amendments to said case-made being waived, and consent given that the same might be signed and settled immediately, the trial judge on said 7th day of January, 1924, signed and settled the same in accordance with the statute.

The petition in error and ease-made were not filed in tbis court until the 18th day of January, 1924, which was 62 days after rendition of the judgment. The trial court made no order extending the time for filing the appeal in this court beyond the 60 days after rendition of judgment allowed by the statute (section 2808, Compiled Statutes 1921) for taking appeals in misdemeanor cases. On February 5, 1924, the Attorney General filed a motion to dismiss this appeal, because the same was not filed within the time required by section 2808, Compiled Statutes 1921. No résponse has been made to said motion.

An examination of the record discloses that the motion of the Attorney General is well taken, and the appeal is accordingly dismissed.