State v. Webb

<p>Criminal Law — Appeal—Dismissal.</p> <p>Section 1621, L. O. L., provides that on appeal the clerk of the court must, within five days thereafter, or such further time as the court may allow, transmit a certified copy of the notice of appeal, etc.; and Section 1623 provides that the appellate court may, upon motion and notice, dismiss the appeal on failure to make a return required by Section 1621, unless good cause is shown. Held, that where more than five days elapsed between the last extension of time for filing a transcript and appeal and its actual filing in the Supreme Court the appeal will be dismissed, and the cause remanded below, with directions to re-sentence defendant.</p>