(Syllabus.)

Appeal and Error — Dismissal of Appeal not Filed Within Legal Time. In a misdemeanor case, the appeal must be taken within sixty days after judgment, unless the court or judge extend the time not to exceed sixty days additional. Where the case is not filed until the expiration of the sixty days allowed by law, and there is no order of extension, this court acquires no jurisdiction.

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

Mirl Foster and another were convicted of having the unlawful possession of a still, and they appeal. Appeal dismissed.

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L.C. McLean, for plaintiffs in error.

J. Berry King, Atty. Gen., for the State.

EDWARDS, P.J. The plaintiffs in error were convicted in the county court of Garfield county on a charge of having the possession of a still; defendant Mirl Foster was sentenced to serve six months in the county jail and to pay a fine of $500; defendant Robert Foster was sentenced to serve three months in the county jail and to pay a fine of $250.

Judgments were rendered on February 6, 1928, and the appeal was lodged in this court June 5, 1928. No extension of time for filing the appeal appears. By section 2808, Comp. Stat. 1921, an appeal from a conviction for a misdemeanor must be taken within sixty days after judgment, unless the court or judge, for good cause shown, extend the time not to exceed sixty days additional. The sixty days within which the appeal could have been taken expired, and there has been no extension of time by the court or judge. The appeal was filed too late.

The appeal is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.