Opinion
No. A-5739.
Opinion Filed April 30, 1927.
1. Appeal and Error — Procedure for Appeal — Necessity for Notice of Appeal. An appeal, when taken by the defendant, is perfected by the service of a notice upon the clerk of the court where the judgment was entered, stating that the appellant appeals from the judgment, and by the service of a similar notice upon the prosecuting attorney. These notices are the prerequisite steps to conferring upon the appellate court the jurisdiction to hear and determine the appeal.
2. Same — Failure to Serve Notices of Appeal — Cure of Defect.
Appeal from County Court, Seminole County; Thos. O. Criswell, Judge.
John Lutke was convicted of having unlawful possession of intoxicating liquor, and he appeals. Appeal dismissed.
Hill Banta, for plaintiff in error.
Edwin Dabney, Atty. Gen., for the State.
The plaintiff in error, hereinafter called the defendant, was convicted in the county court of Seminole county on a charge of having the possession of intoxicating liquor with intent to violate the prohibitory liquor law, and was sentenced to serve a term of 30 days in the county jail and to pay a fine of $50.
The judgment was rendered on April 15, 1925, and the appeal was lodged in this court on August 13, following. The record discloses that notice of appeal was served on the county attorney only. It shows no service of notice on the court clerk, as required by section 2809, Comp. Stat. 1921. It does not show the issuance of any summons in error, nor the waiver of such by the Attorney General. This court does not acquire jurisdiction of the appeal. Burgess v. State, 18 Okla. Cr. 574, 197 P. 173, and authorities cited.
For the reasons assigned, the attempted appeal is dismissed.
DOYLE, P.J., and DAVENPORT, J., concur.