Thornsberry v. State

First. There is in the record no case-made or statement of the testimony given upon the trial. An attempt is made to excuse this upon the ground that the stenographer’s notes were stolen. That a stenographer’s notes may have been stolen cannot be recognized as a ground for granting a new trial. This question was expressly passed upon in the case of Dobbs v. State, 5 Okla. Cr. 479, 114 Pac. 360. This court there said:

“The mere fact that a stenographer may have lost his notes, or that they may have been stolen from him, would not constitute a valid excuse for a failure on the part of the…