Chase v. State

■ On July 18, 1962 this Court rendered an opinion herein, Okl.Cr., 373 P.2d 259, holding that this Court never acquired jurisdiction of the attempted appeal, for the reason that the record before us disclosed that no motion for new trial was ever filed in the trial court, and the time for so doing had long since expired. On that basis we denied petitioner’s application for mandamus filed herein.

That opinion was predicated entirely on the unrefuted allegations in the answer of the respondents State of Oklahoma and the district court of Tulsa County to the rule to show cause, wherein it was…