
    JIM JONES v. STATE.
    No. A-7920.
    Opinion Filed May 2, 1931.
    (298 Pac. 1053.)
    R. R. Rittenhouse, for plaintiff in error.
    J. Berry King, Atty. Gen., and Smith C. Matson, Asst. Att-y. Gen., for the State.
   DAVENPORT, P. J.

This is a purported appeal from the county court of Lincoln county from a judgment rendered on January 11, 1930, convicting the plaintiff in error of the offense of having possession of intoxicating liquor and sentencing him to pay a fine of $200, and to be imprisoned in the county jail for 60 days.

Tbe petition in error and case-made were not filed in this court until tbe 3d day of July, 1930, 173 days after tbe rendition of tbe judgment in tbe lower court. Tbis being a conviction for a misdemeanor, tbe longest period allowed by tbe statute for perfecting an appeal from tbe judgment is 120 days after tbe rendition thereof. Tbe Attorney General appeared specially and filed a motion to dismiss, for tbe reason that tbe appeal was not taken witbin the time provided by the statute. Section 2808, C. O. S. 1921, provides:

“In misdemeanor cases tbe appeal must be taken witbin 60 days after tbe judgment is rendered; Provided, however, that tbe trial court or judge may, for good cause shown, extend tbe time in which such appeal may be taken not exceeding 60 days. In felony cases tbe appeal must be taken witbin six months after tbe judgment is rendered, and a transcript of both felony and misdemeanor cases must be filed as hereinafter directed.”

In Webb v. State, 23 Okla. Cr. 249, 214 Pac. 744, 745, tbis court in part said:

“Tbe appeal was not lodged in tbis court until 149 days after rendition of tbe judgment. It is apparent, therefore, that tbis court has never acquired jurisdiction of tbe appeal, and that the motion of the Attorney General to dismiss the appeal is well taken and must be sustained.”

In tbis case it is apparent that tbe petition in error with case-made attached was not lodged in tbis court until 173 days after tbe rendition of tbe judgment.

Tbe motion to dismiss is sustained.

CHAPPELL and EDWARDS, JJ., concur.  