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Kanamaya v. State

James Kanamaya v. State.

Kanamaya v. State, 1911 OK CR 286, 118 P. 151
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
October 10, 1911
Docket
No. A-719.
Judges
Armstrong, Furman, Doyle
Citations
118 P. 1511911 OK CR 2866 Okla. Crim. 2081911 Okla. Crim. App. LEXIS 416
Disposition
Dismissed.
Syllabus
1. APPEAL AND ERROR — Time of Perfecting. When a person is convicted on a felony charge and -desires to appeal to this court, it is necessary for the appeal to be perfected within six months from the date of judgment. Section 6948, Snyder’s Stat. Musick v. State, 5 Okla. Cr. 608, 115 Pac. 377. 2. APPEAL AND ERROR — Dismissal. When an appeal is attempted in this court by filing petition in error and case-made after the expiration of the six months allowed by law, this court will dismiss the same, with directions to the trial court to enforce the judgment and sentence. (Syllabus by the Court.)
Summary
Appeal from District Court, McCurtain County; R. McMillan, Judge. James Kanamaya was convicted of murder, and appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Armstrong

ARMSTRONG, J.

Plaintiff in error was tried at the September, 1909, term of the district court of. McCurtain county on a charge of murder, and his punishment fixed by the jury at life imprisonment. On the 9th day of October, 1909, judgment and sentence was pronounced in accordance with the verdict of the jury. The case-made for appeal was served within the time allowed by the orders of the court. The appeal, however, was not filed in this court until the 14th day of April, 1910, more than six months after the date of judgment.

Under section 6948, Snyder’s Stat. 1909, this appeal should have been filed within six months from the date of judgment in order to confer jurisdiction on this court to review the same on its merits.

Musick v. State, 5 Okla. Cr. 608 , 115 Pac. 377 .

For the reason that the appeal was not filed within the time prescribed by the statutes, the appeal is dismissed, with directions to the district court of McCurtain county to enforce the judgment and sentence.

FURMAN, P. J., and DOYLE, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 11927: 11932: 11943: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Monzell v. State1943 OK CR 119, 143 P.2d 163
  2. Criner v. State1927 OK CR 191, 258 P. 359
  3. Gorman v. State1913 OK CR 116, 131 P. 939
  4. Rosell v. State1932 OK CR 101, 11 P.2d 766

Most recent

  1. Monzell v. State1943 OK CR 119, 143 P.2d 163
  2. Rosell v. State1932 OK CR 101, 11 P.2d 766
  3. Criner v. State1927 OK CR 191, 258 P. 359
  4. Gorman v. State1913 OK CR 116, 131 P. 939

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Musick v. State, 1911 OK CR 132, 115 P. 377 6

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