Gibson v. State
Court of Criminal Appeals of Oklahoma
Gibson v. State, 107 P. 739 (1910)
3 Okla. Crim. 594; 1910 OK CR 72; 1910 Okla. Crim. App. LEXIS 207
Cubtam
Gibson v. State
Opinion of the Court
In so far as the record discloses, the ease-made was never served upon the county attorney. We must therefore sustain the motion of the Attorney General to strike frotn the record what purports to be the case-made. There is no certificate of the clerk of the court to the transcript of the record. We therefore are without jurisdiction to consider this attempted appeal either as upon a ease-made or upon a transcript of the record.
The appeal is therefore dismissed.
Reference
- Full Case Name
- Morris Gibson v. State.
- Cited By
- 5 cases
- Status
- Published
- Syllabus
- APPEAL — Dismissal—Defects in Record. When the case-made is not served upon the county attorney, in the time allowed by the court, and the clerk of the court does not certify to the trans-script of the record, the appeal cannot be considered either upon the case-made or The transcript of the record, and will be dismissed. (Syllabus by the Court.)