56 Wn.2d 38, THE CITY OF SNOHOMISH, Respondent, v. JOHN PATRIC, Appellant

[No. 35113. Department One.     Supreme Court      April 14, 1960.]

THE CITY OF SNOHOMISH, Respondent, v. JOHN PATRIC,
                          Appellant.1

[1] CRIMINAL LAW - APPEAL AND ERROR - PROCEEDINGS TO TRANSFER CAUSE - WRITTEN NOTICE OF APPEAL - NECESSITY. The Supreme Court has no jurisdiction over an appeal from final judgment or order in a criminal case, and such an appeal must be dismissed, where a written notice of appeal is not filed with the clerk of the Superior court within thirty days after the day of entry of the judgment or order. (Rules on Appeal 1 and 46)

Appeal from a judgment of the Superior Court for Snohomish county, No. 2075, Edward Nollmeyer, J., entered March 20, 1959, a prosecution for violation of a city ordinance. Appeal dismissed.

Thor P. Ulvestad, for appellant.

PER CURIAM. -

[1] The transcript does not contain a written notice of appeal, and this court has no jurisdiction of the appeal. Rule on Appeal 46, RCW Vol. 0, as amended, effective June 18, 1957, provides that an appeal from a final judgment or order in a criminal case be taken by filing with

1 Reported in 350 P. (2d) 1009.

[1] See Am. Jur., Appeal and Error, 460.

 Apr. 1960]          MONROE v. FETZER.               39

the clerk of the superior court written notice of appeal within thirty days after the day of entry of the judgment or order. Rule on Appeal 1, RCW Vol. 0, as amended, effective January 3, 1956, provides that the mode supplied by the rules on appeal for securing appellate review by the supreme court is exclusive. Oral notice of appeal is without standing.

The appeal must be dismissed. Beckstead v. Linden, 52 Wn. (2d) 892, 329 P. (2d) 1093.

June 3, 1960. Petition for rehearing denied.