Legal Opinion

Gibson v. State

Court of Criminal Appeals of Oklahoma

Decided March 30, 1910No. A-236PublishedCited by 5 opinions

Appeaíl from District Court, Le Flore County; M. E. Rosser, Judge. Morris Gibson, the defendant, was convicted of the offense of manslaughter, and sentenced to seven years’ confinement in the penitentiary and a fine of $500. Motions for a new trial and in arrest of judgment were filed and overruled on the 11th day of November, 1908. Defendant was given 90 days in which to prepare and serve a case-made, and appeals.

1Opinion of the Court

PEE CUBTAM.

In so far as the record discloses, the ease-made was never served upon the county attorney. We must therefore sustain the motion of the Attorney General to strike frotn the record what purports to be the case-made. There is no certificate of the clerk of the court to the transcript of the record. We therefore are without jurisdiction to consider this attempted appeal either as upon a ease-made or upon a transcript of the record.

The appeal is therefore dismissed.

2Cited by5 opinions

  1. Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911
  2. Cohn v. StateCourt of Criminal Appeals of Oklahoma · 1910
  3. Cohn v. StateCourt of Criminal Appeals of Oklahoma · 1910
  4. Brown v. StateCourt of Criminal Appeals of Oklahoma · 1920
  5. Dobbs v. StateCourt of Criminal Appeals of Oklahoma · 1911