Wyoming Supreme Court, 1931

State v. Guinn

Wyoming Supreme Court · Decided March 31, 1931 · <italic>Per Curiam.</italic>

297 P. 808; 43 Wyo. 106; 1931 Wyo. LEXIS 7

Counsel

Frank A. Barrett, Thomas O. Miller and Thomas M. Fagan for defendant and appellant. No briefs. Cause submitted on behalf of the State on the brief of James A. Greenwood , Attorney General; Richard J. Jackson , Deputy Attorney General, and Geo. W. Ferguson , Assistant Attorney General, of Cheyenne, Wyoming. The only reference to a judgment and sentence against the appellant found in the record is contained at page 111. It states that Bar Docket No. 1, contains the following: "May 27, 1930 — Sentence not to exceed ten years in reformatory at Worland. Appeal bond fixed at $1,000.00." This is insufficient to show a judgment and sentence by the court. All judgments and orders must be entered on the journal of the court, and specify the relief granted or order made. 5900 C.S. The record is insufficient and the appeal should be dismissed.

Opinion of the Court

*107 Per Curiam.

The State’s motion to dismiss tbe appeal must be sustained. A record on appeal must contain a certified copy of tbe judgment or order appealed from. Sec. 6406, W. C. S. 1920. This appeal purports to be from the judgment imposing sentence upon a verdict of guilty in a criminal prosecution. Tbe record contains no copy of tbe judgment, nor anything to show that a judgment has been entered. There is a certificate that “Bar Docket No. 1” contains tbe following: “May 27, 1930. Sentence not to exceed ten years in reformatory at Worland. Appeal bond fixed at $1000.” This entry evidently is merely a memorandum or minute of tbe judge and not tbe entry of tbe judgment. See Barnett v. Bankers Finance Ass’n., 38 Wyo. 511, 268 Pac. 1025; Lawer v. Kline, 41 Wyo. 167, 282 Pac. 1061.

Appeal dismissed.

Dismissed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.