Edwards v. State

Court of Criminal Appeals of Oklahoma
Edwards v. State, 103 P. 1072 (1909)
2 Okla. Crim. 715; 1909 OK CR 116; 1909 Okla. Crim. App. LEXIS 195
Furman, Doyle, Owen

Edwards v. State

Opinion of the Court

*716 FURMAN, PRESIDING Judge.

No briefs have been filed by counsel for the defendant. The record is regular, and no errors appear therein. The case would be affirmed were it not for the fact that no petition in.-error is attached to or accompanied -the case-made, as is required by section 5612, Wilson’s Rev. & Ann. St. 1903. The language of the statute is mandatory. It is as follows: “Such original case-made shall be filed with the petition in error.” _ There being no petition in error filed in this case, there is nothing for the court to consider.

The attempted appeal is therefore dismissed.

DOYLE and OWEN, Judges, concur.

Reference

Full Case Name
Walter Edwards v. State.
Cited By
5 cases
Status
Published
Syllabus
APPEAL — Necessity of Petition in Error. To perfect an appeal to this court the case-made or transcript of the record must be attached to, and accompanied by, a petition in error. If this is not done, the appeal will be dismissed. (Syllabus by the Court.)