[No. 33403. Department Two. Supreme Court June 7, 1956.]
THE CITY OF LYMAN, Respondent, v. - MORGAN ADAIR,
Appellant.«1»
[1] CRIMINAL LAW - APPEAL - RECORD - STATEMENT OF FACTS - TIMELY FILING AS JURISDICTIONAL. Under Rule on Appeal 46, a statement of facts in a criminal appeal is necessary to a consideration of any and all questions presented by the assignments of error, and the timely filing of the statement of facts is jurisdictional; hence, where the statement of facts was not filed within the ninety-day period as required by Rule on Appeal 46(3), and no extension of time was granted, the supreme court did not secure jurisdiction and the appeal will be dismissed.
Appeal from a judgment of the superior court for Skagit county, No. 1776, Ward, J., entered June 27, 1955, upon a trial and conviction of speeding and driving while under the influence of intoxicating liquor. Appeal dismissed.
William A. Stiles, Jr., for appellant.
PER CURIAM. -
This proceeding is an attempt to appeal in a criminal cause. The statement of facts was not filed within ninety days after the entry of the judgment appealed from, as required by Rule on Appeal 46 (4), 34A Wn. (2d) 51, and no extension of time was granted as permitted by that rule.
[1] A statement of facts is necessary to a consideration of any and all of the questions presented by the assignments of error, and the timely filing of the statement of facts under such conditions is jurisdictional. Rule on Appeal 46, 34A Wn. (2d) 50, as amended effective January 2, 1953, and March 1, 1954.
This court not having secured jurisdiction, the attempted appeal is dismissed.
«1» Reported in 298 P. (2d) 496.
[1] See 16 A. L. R. 1095; 3 Am. Jur. 139 et seq.