STATE v. MARCY, 189 Wn. 493 (1937)

65 P.2d 1271

THE STATE OF WASHINGTON, Respondent, v. DAVID MARCY et al., Appellants.

No. 26553. Department One.The Supreme Court of Washington.
March 24, 1937.

[1] CRIMINAL LAW (411) — APPEAL — RECORD AND PROCEEDINGS — STATEMENT OF FACTS — NECESSITY. An appeal in a criminal case will be dismissed where no statement of facts is filed in the supreme court within sixty days, required by Rule of Practice XVII, and no extension of time sought, such filing being jurisdictional. [1] See 3 Am. Jur. 236.

Appeal from a judgment of the superior court for Clallam county, Ralston, J., entered November 4, 1936, upon a trial and conviction of grand larceny. Appeal dismissed.

Wm. J. Conniff and Geisness Smythe, for appellants.

Joseph H. Johnston and John M. Wilson, for respondent.

BLAKE, J.

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 moves to dismiss the appeal.

[1] 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; …

Page 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 Wn. xxxvii-xxxviii.

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

The motion to dismiss the appeal is granted.

STEINERT, C.J., MAIN, MILLARD, and GERAGHTY, JJ., concur.