(Syllabus.)

Appeal and Error — Appeal Dismissed Where Record Filed After Expiration of Time to Appeal. Where the record for an appeal is not filed in this court until the expiration of the time allowed by law for taking an appeal, this court does not acquire jurisdiction and the attempted appeal will be dismissed.

Appeal from County Court, Garfield County; A.A. Stull, Judge.

F.B. McNew was convicted of manufacturing a still, and he appeals. Appeal dismissed.

Paul R. Haunstein, for plaintiff in error.

J. Berry King, Atty. Gen., and J.H. Lawson, Asst. Atty. Gen., for the State.

EDWARDS, P.J. The plaintiff in error was convicted in the county court of Garfield county on a charge of manufacturing a still and was sentenced to pay a fine of $500 and to serve 180 days in the county jail.

Judgment was rendered on February 10, 1928, and the appeal was lodged in this court on June 13, 1928, more than 120 days after the rendition of the judgment. Under section 2808, Comp. St. 1921, the extreme limit within which an appeal for a conviction for a misdemeanor may be filed in this court is 120 days. The appeal not having been filed within such time, this court does not acquire jurisdiction, and the attempted appeal will be dismissed.

DAVENPORT and CHAPPELL, JJ., concur.