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Florez v. Territory of Arizona

APOLONIO FLOREZ v. TERRITORY OF ARIZONA

Florez v. Territory of Ariz., 128 P. 49 (Ariz. 1912)
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Court
Arizona Supreme Court · State Highest Courts
Decided
November 23, 1912
Docket
No. Criminal No. 317
Judges
Ross
Citations
128 P. 4914 Ariz. 3431912 Ariz. LEXIS 154
Disposition
Dismissed.
Headnotes
Criminal Law —Appeal — Notice op Appeal—Form.—Under Penal Code of 1901, section 1044, requiring appeals to be taken by filing with the clerk of the court a notice, a written notice, is jurisdictional, and an oral notice in open court is insufficient.
Summary
APPEAL from a judgment of the District Court of the Fourth Judicial District, in and for the County of Mohave. Edward M. Doe, Judge. The facts are stated in the opinion.

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

Opinion of the Court — Ross

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ROSS, J.

An inspection of the record on file in this court discloses that no legal or proper notice of appeal was given. There was an oral notice of appeal made in open court by appellant, hut that is not a compliance with the law. The notice of appeal must he in writing and filed with the clerk of the trial court. Penal Code, par. 1044. Such written notice is jurisdictional. Territory v. Hunter, 4 Ariz. 197 , 36 Pac. 175 .

The appeal is dismissed.

FRANKLIN, C. J., and CUNNINGHAM, J., coneur. ■

How later courts describe this case

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

1954: 119542026peak 1954 · 1

Relies on it most ⓘ

  1. State v. Johnson277 P.2d 1020 (Ariz. 1954)

Most recent

  1. State v. Johnson277 P.2d 1020 (Ariz. 1954)

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
Territory of Ariz. v. Hunter, 36 P. 175 (Ariz. 1894) 6

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