Gibson v. State

The majority opinion overlooks Sec. 1058, title 22, O. S. 1941, wherein it is provided that the appeal bond shall be conditioned that the defendant will not depart without leave of the court, meaning the Criminal Court of Appeals; and the bond in this case contained the provisions provided by this section of the statute. The majority opinion misinterprets the ruling of this court in Collins v. State, 169 Okla. 486, 37 P. 2d 827. In that case the defendant Q. P. McGee appealed a case from the district court of Craig county, Oklahoma, and without obtaining the permission of the Criminal Court…