(Syllabus.)

Appeal and Error — Appeal in Felony Cases to Be Taken Within Six

Page 285

Months After Judgment. In felony cases the appeal must be taken within six months after the judgment is rendered. Where the appeal is not lodged in this court until after the expiration of the six months' period from the date the judgment is rendered, this court acquires no jurisdiction, and the appeal will be dismissed.

Appeal from District Court, McIntosh County; Harve L. Melton, Judge.

Eliza Buckner and another were convicted of adultery, and they appeal. Appeal dismissed.

Roy White, for plaintiffs in error.

Edwin Dabney, Atty. Gen., and Smith C. Matson and J.H. Lawson, Asst. Attys. Gen., for the State.

EDWARDS, P.J. The plaintiffs in error, hereinafter called defendants, were convicted in the district court of McIntosh county on a charge of adultery, and were each sentenced to serve a term of one year and one day in the state penitentiary.

An examination of the record discloses that the judgment and sentence was rendered on December 19, 1927. Extensions of time were granted to make and serve case-made, and the case-made was served on March 14, 1928, and was settled and signed on April 4, 1928, but such case-made was not lodged in this court until June 21, 1928, more than six months from the date of the rendition of the judgment and sentence. Section 2808, Comp. Stat. 1921, fixes the time within which an appeal from a conviction must be filed; the extreme limit of time is six months. Under the statute it has been uniformly held that, where the appeal is not filed within the time provided by law, this court does not acquire jurisdiction. This has been so often decided that citation of authorities is unnecessary.

The attempted appeal is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.