Legal Opinion

Dansby v. State

Court of Criminal Appeals of Oklahoma

Decided June 15, 1912No. A-1161PublishedCited by 14 opinions

Appeal from District Court, Atoka County; Robt. M. Rainey, Judge. Jacob Dansby was tried in the district court of Atoka county, charged with the offense of knowingly uttering a forged note, and he was found guilty by the jury, who assessed his punishment at confinement in the penitentiary for the period of one year and one day. The record fails to show that any judgment was ever rendered on this verdict. Defendant appealed.

1Opinion of the CourtFurman, P. J.

The transcript of 'the record in this case contains the indictment, the testimony of the witnesses, the instructions of the court and the verdict of the jury. It also contains the motion for a new trial and a motion in arrest of judgment. But the record nowhere shows that these motions were ever presented to or acted upon by the court, neither does it show that any judgment was ever rendered by the court in this case.

An appeal in a criminal case cannot be taken until after final judgment has been rendered against the defendant. For a full discussion of this question,. see McLellon v. State, 2…

2Cases cited1 opinion

  1. McLellan v. StateCourt of Criminal Appeals of Oklahoma · 1909

3Cited by14 opinions

  1. Harjoe v. StateCourt of Criminal Appeals of Oklahoma · 1918
  2. G.B. Loyd v. StateCourt of Criminal Appeals of Oklahoma · 1915
  3. Fowler v. StateCourt of Criminal Appeals of Oklahoma · 1914
  4. State v. KileCourt of Criminal Appeals of Oklahoma · 1952
  5. Stanton v. StateCourt of Criminal Appeals of Oklahoma · 1923

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