State v. Berger

Decided March 10, 1908

Oregon Supreme Court · decided 1908-03-10

From Lane: Lawrence T. Harris, Judge. Jack Berger was convicted of crime and gave notice of appeal in open court, as provided in Section 549, B. & C. Comp. (Civil Code). The State now moves to dismiss the appeal. On Motion to Dismiss the Appeal.

Relies on Hannan v. Greenfield · State v. Horner · State v. Bovee

Good law ✅— No negative treatment on recordhow we know

DISMISSED · Decided 1908-03-10

How this case has been cited

Cited by 7 later decisions — most recently March 1946

7 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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¶11.

Per Curiam.

¶2Motion to dismiss an appeal. The notice of appeal was given in open court, • as provided in Section 549, B. & C. Comp, of the Civil Code. The Criminal Code provides that a notice of appeal in a criminal action must be served upon the clerk of the court and the district attorney of the county in which *167the judgment roll is filed: B. & C. Comp. §§ 1468, 1469. This code is complete within itself, and the sections of the Civil Code in reference to appeals do not apply to criminal actions: State v. Ellis, 3 Or. 497; State v. Bovee, 11 Or. 57 (4 Pac. 520).

¶32. The appeal must therefore be dismissed for want of compliance with the requirements of law: State v. Horner, 36 Or. 68 (59 Pac. 549); State v. Blazier, 36 Or. 97 (60 Pac. 203). Dismissed.