{
  "id": 1515251,
  "name": "Gross v. State",
  "name_abbreviation": "Gross v. State",
  "decision_date": "1909-03-08",
  "docket_number": "",
  "first_page": "482",
  "last_page": "483",
  "citations": [
    {
      "type": "official",
      "cite": "89 Ark. 482"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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  "last_updated": "2023-07-14T16:58:25.928133+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Gross v. State."
    ],
    "opinions": [
      {
        "text": "PER Curiam.\nAppellant, A. T. Gross, was tried in the circuit court of Perry County upon an indictment, and convicted of the crime of soliciting a bribe, being a misdemeanor under the statute, and his punishment assessed at a fine of $10. He prayed for and obtained an appeal to this court on August 12, 1907, and gave a supersedeas bond with sureties, but has wholly failed to prosecute the appeal. The Attorney General now files in this court a certified copy of the judgment and the supersedeas bond, and moved the court to affirm the judgment on account of appellant\u2019s failure to prosecute his appeal.\nThe statute regulating appeals to the Supreme Court in misdemeanor cases provides that \u201cthe appeal shall be prayed during the term at which the judgment was rendered, and shall' be granted upon condition that the record is lodged in the clerk\u2019s office of the Supreme Court within sixty days after the judgment.\u201d Kirby\u2019s Digest, \u00a7 2614. It appears from this statute that an appeal granted by the circuit court is conditional upon the record being filed here within the specified time, and this court can not take jurisdiction for the purpose of affirming or reversing the case unless the transcript is lodged within that time. Rule VII of this court, concerning motions to affirm judgments on account of failure of appellants to prosecute appeals, applies only to civil cases, and cannot be invoked in a criminal case.\nTherefore the motion to affirm the judgment is denied; but the appeal is dismissed, with directions that the judgment of, dismissal be certified down to the circuit court of Perry County to the end that the judgment may be enforced, and that the prosecuting attorney may institute proceedings on the supersedeas bond if so advised.",
        "type": "majority",
        "author": "PER Curiam."
      }
    ],
    "attorneys": [
      "Hal L. Norwood, Attorney General, for appellee."
    ],
    "corrections": "",
    "head_matter": "Gross v. State.\nOpinion delivered March 8, 1909.\ni. Appeal and error \u2014 jurisdiction in misdemeanor cases. \u2014 'Kirby\u2019s Digest, \u00a7 2614, providing that appeals in misdemeanor cases \u201cshall be granted upon condition that the record is lodged in the clerk\u2019s office of the Supreme Court within 60 days after the judgment,\u201d the Supreme Court cannot take jurisdiction for the purpose of affirming or reversing' the case unless the transcript is lodged within that time. (Page 482.)\n2 . Same \u2014 construction op rule seven. \u2014 Rule VII. of the Supreme Court, concerning motions to affirm judgments on account of failure of appellants to prosecute appeals, applies only to civil cases. (Page 483-)\nAppeal from Perry Circuit Court; Robert J. L,ea, Judge;\nappeal dismissed.\nHal L. Norwood, Attorney General, for appellee."
  },
  "file_name": "0482-01",
  "first_page_order": 502,
  "last_page_order": 503
}