PEOPLE v. HOWERTON (1952)

In the petition for rehearing respondent urges that ‘it is not clear whether this court has held that such order (made April 9, 1952) was appealable as a final judgment of conviction or as an order made after judgment affecting the substantial rights of the appellant.’

The notice of appeal filed herein was from ‘the judgment of the court made and entered on the 9th day of April, 1952.’ No attempt was made to predicate the appeal on an order made after judgment affecting the substantial rights of the accused. In our decision we clearly and explicitly stated that ‘we are persuaded that the final judgment under the circumstances of this case was rendered on April 9, 1952, when the right of the parties to the litigation were finally determined.’ [248 P.2d 98, 100.] We can conceive of no plainer language than the foregoing to indicate that on the appeal taken herein this court will consider all matters reviewable on an appeal from the judgment and will not confine itself to a consideration of matters reviewable upon an appeal from an order made after judgment and from which a timely appeal has been taken.

The petition for rehearing is denied.

PER CURIAM.