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189 Wash. 493

65 P.2d 1271

State v. Marcy

Washington Supreme Court

Decided March 24, 1937

Washington Supreme Court · decided 1937-03-24

Key passage — most relied on by later courts

““2. No appeal in a criminal case shall be effectual for any purpose unless the appellant shall, within sixty days after giving notice of appeal as hereinbefore provided, have filed or caused to be filed with the clerk of the supreme court the following: “(a) A statement of facts or bill of exceptions served on the respondent and certified by the judge of the court below-according to the procedure, so near as may be, in civil cases;””

quoted by 1 later decision, including 36 Wash. 2d 918 - State v. Gundlach

Good law ✅— No negative treatment on recordhow we know

Decided 1937-03-24

How this case has been cited

Cited by 4 later decisions — most recently August 1950

4 state decisions

20193719401950decided

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.

View the full empirical analysis of this case →

Blake, J.

¶1 Defendants, having been convicted of the crime of grand larceny, gave notice of appeal to this court. No statement of facts or bill of exceptions was filed' in this court within sixty days after notice of appeal was given. Respondent move's to dismiss the appeal.

¶2 Rule XVII provides:

“2. No appeal in a criminal case shall be effectual for any purpose unless the appellant shall, within sixty days after giving notice of appeal as hereinbefore provided, have filed or caused to be filed with the clerk of the supreme court the following:
“(a) A statement of facts or bill of exceptions served on the respondent and certified by the judge of the court below according to the procedure, so near as may be, in civil cases; . . .
*494 “Except as herein otherwise provided, . . . the filing in the supreme court of a certified statement of facts, . . . shall be jurisdictional. ’ ’ Rules of Practice, 178 Wash, xxxvii-xxxviii.

¶3 Appellants have not brought themselves under the exception in the rule providing for an extension of time for filing the statement of facts.

¶4 The motion to dismiss the appeal is granted.

¶5 Steinert, C. J., Main, Millard, and Geraghty, JJ., concur.

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