
    ABE OGEE v. STATE.
    No. A-1316.
    Opinion Filed September 6, 1912.
    Appeal from Superior Court, Pottawatomie County; George C. Abernathy, Judge.
    "W. N. Maben and McClain Taylor, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for the State.
   PER CURIAM:

Appellant was convicted in the superior court of Pottawatomie county of assault and battery, and his punishment was assessed at a fine of five dollars. Judgment was rendered on the 18th day of February, 1911, but the appeal was not perfected by filing a transcript of the record in this court until the 17th day of August, 1911, which was long after the time allowed by law for perfecting the appeal. The appeal is therefore dismissed, and mandate will issue at once.  