State v. Smith

• JONES, Judge.

This is an attempted appeal by the State of Oklahoma, acting through the county attorney of Pottawatomie county, from the District Court of Pottawatomie county on a reserved question of law. The appeal is based on a purported transcript with petition in error attached.

The attempted appeal was filed in this ■court on May 27, 1953. No brief has ever .been filed on behalf of the State. On November 17, 1953, counsel for the defendant filed a motion to dismiss the purported appeal and a brief in support of the motion. This motion was based upon the fact that the alleged reserved…