¶1“Appeals are matters of statutory regulation. There must be a substantial compliance with the statute in order to confer jurisdiction upon the appellate court. The appellant is charged with the duty of perfecting his appeal in the manner provided by law, and error in this regard affects the jurisdiction of the appellate court.” (Territory v. Hanna, 5 Mont. 246.) The defendant in the case at bar served his notice of appeal upon the clerk of the court. He served upon the attorney prosecuting a notice of appeal from the verdict, nothing more. An appeal from a verdict is unknown in the criminal law of this State, and such notice of appeal is a nullity. There does not appear any appeal, or notice thereof to the attorney prosecuting, from the judgment, or any appealable order. We refer to Territory v. Hanna, supra,and Territory v. Harris, 7 Mont. 384, 429. The appeal is dismissed, but without prejudice to the taking of another appeal.
10 Mont. 210
State v. Gibbs
Decided July 15, 1890
Montana Supreme Court · decided 1890-07-15
Conviction for perjury. The defendant was tried before Benton, J. Statement of facts, prepared by the judge delivering the opinion. At the May term, 1890, of the Eighth Judicial District Court in and for Cascade County, the defendant was convicted of the crime of perjury.
Relies on Territory of Montana v. Hanna · Territory v. Harris
Good law ✅— No negative treatment on recordhow we know
Decided 1890-07-15
How this case has been cited
Cited by 10 later decisions — most recently September 1933
10 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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