Richard McNair v. United States

The Court of the Commissioner, Fairbanks Precinct, Territory of Alaska, which for these purposes is that of a Justice of the Peace, entered a judgment of conviction under Section 7 of the Alaska Game Laws and Regulation 46.105, for killing a bull moose in closed season. Fine and imprisonment were imposed.

McNair gave oral notice of appeal at that time, as permitted by the statute, and deposited an undertaking for appearance which, in effect, vacated the judgment, and the appeal was allowed. The statute provides, “ * * * the Justice must make the proper transcript and deliver it to the Clerk of the District Court within ten days after the appeal is allowed * * *.” The Commissioner, acting as Justice, in the time prescribed after allowance delivered the transcript in this case to the clerk. The statute provides further, “That from the filing of the transcript with the clerk of the district court the appeal is perfected, and the action is to be deemed pending therein and for trial upon the issue tried in the justice’s court.” The District Judge dismissed the appeal upon the ground that the transcript had not been filed inasmuch as no filing fee was paid. The dismissal was error. The…