Caudill v. State

The appellant has filed a motion to dismiss this appeal, which he .unquestionably had the right to do. The state has filed a motion to reman'd the case, with directions to the trial court to correct the judgment, which it also had the right to do.

In the case of Wood v. State. 4 Okla. Cr. 436, 112 Pac. 11, this court said:

“All judgments and sentences of the court must follow and be based upon the verdict of the jury. Where there is a variance between the verdict of the jury and the sentence of the court, it must appear from the record that such variance cannot be corrected without depriving…