SANTA BARBARA COUNTY v. YATES. (Supreme Court of California. May 12, 1910.) Appeal from District Court of Appeal, Second District. Action by the County of Santa Barbara against Mary M. Yates to condemn a right of way. From the judgment, Mary M. Yates appealed. The judgment was affirmed in the District Court of Appeal, and she petitioned for an order transferring the cause to the Supreme Court. Petition denied. For opinion in the District Court of Appeal, see 108 Pac. 726. PER CURIAM. The petition for an order transferring this cause to the Supreme Court for a rehearing is denied. This order is not to be understood as an approval of that part of the opinion of the District Court of Appeal (108 Pac. 726) holding that the alleged defect in the bond accompanying the road petition cannot be questioned collaterally. We consider the bond sufficient, for the reasons stated in the last paragraph of the opinion of the District Court of Appeal. Hence the question whether a material defect therein would make the proceeding void on the fact of the record is not involved, and the part of the opinion relating to collateral attack is unnecessary to the decision.

FLOWERS v. STATE. (Criminal Court of Appeals of Oklahoma. May 28, 1910.) Appeal from Wagoner County Court; W. T. Drake, Judge. Joe Flowers was convicted of violating the prohibition law, and sentenced to pay a fine of $100 and to be imprisoned in the county jail for a term of 90 days, and he appeals. Appeal dismissed. B. J. Beavers, for plaintiff in error. Fred S. Caldwell, for the State.

PER CURIAM. No notice of appeal was given by plaintiff in error, as provided by section 6949 of Snyder's Comp. Laws of Okla.; the record showing only that plaintiff in error, on being sentenced, prayed an appeal, which was allowed. The state has filed a motion to dismiss the appeal for failure to serve the notices required by law. Upon the authority of Ensley v. State (just decided) 109 Pac. 250, the motion is well taken, and will be sustained. It is therefore ordered that the purported appeal herein be and the same is hereby dismissed, and that a mandate issue directing the county court of Wagoner county to enforce its judgment and sentence herein.

JAMES v. STATE. (Criminal Court of Appeals of Oklahoma. May 28, 1910.) Appeal from Wagoner County Court; W. T. Drake, Judge. Walter James was convicted of violating the prohibition law, and sentenced to pay a fine of $300 and to be imprisoned in the county jail for a term of 60 days, and he appeals. Appeal dismissed. B. J. Beavers, for plaintiff in error. Fred S. Caldwell, for the State.

PER CURIAM. No notice of appeal was given by plaintiff in error, as provided by section 6949 of Snyder's Comp. Laws of Okla.; the record showing only that plaintiff in error, on being sentenced, prayed an appeal, which was allowed. The state has filed a motion to

MCNAUGHT v. STATE. (Criminal Court of Appeals of Oklahoma. Jan. 2, 1911.) Appeal from District Court, Kingfisher County; A. H. Huston, Judge. George W. McNaught was convicted of manslaughter, and he appeals. Affirmed. D. K. Cunningham, for plaintiff in error. Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.

PER CURIAM. Plaintiff in error, George W. McNaught, was convicted in the district court of Kingfisher county of the crime of manslaughter in the first degree, and sentenced to life imprisonment. The judgment and sentence was entered on October 29, 1908. From such judgment and sentence an appeal was properly perfected, by filing in this court a petition in error with case-made attached, together with proof of service of notices of appeal. No brief has been filed. On September 1st the Attorney General filed a motion to affirm the judgment for want of prosecution, to which motion no response has been filed. The records of this court show that on the 24th day of January, 1909. an order was made permitting counsel for plaintiff in error to withdraw the record for 90 days for the purpose of using the same in preparing a brief therein, and the time in which to serve and file brief was extended for 90 days. There has been a failure to return the record, and it is evident that the appeal in this case has been abandoned. The motion to affirm is sustained, and the judgment of the lower court is hereby affirmed.

MERRILL v. STATE. (Criminal Court of Appeals of Oklahoma. Dec. 17, 1910.) Appeal from District Court, Okmulgee County. A. J. Merrill was convicted of manslaughter, and ap peals. Dismissed.

PER CURIAM. Appellant was convicted of manslaughter in the first degree in the district court of Okmulgee county, and his punishment was asessed at five years' imprisonment in the penitentiary. Defendant appealed to this court. Since his appeal has been perfected, defendant's counsel has filed a motion in this court praying that this appeal may be dismissed. This motion is sustained, and the appeal is dismissed.