Talley v State

Talley v State
1911 OK CR 109
115 P. 603
5 Okl.Cr. 528
Case Number: Nos. A-611 and A-640
Decided: 05/16/1911
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Record Sufficiency of Case-Made.

Tom Talley was twice convicted of violating the prohibitory liquor law, and he appeals. Affirmed.

W.A. Hauser, for appellant.

Smith C. Matson, Asst. Atty. Gen., for the State.

Page 529

FURMAN, PRESIDING JUDGE. On the 9th day of December, 1909, judgment was pronounced against appellant in the two above-numbered cases for violations of the prohibitory liquor law, and in each case his punishment was assessed at 30 days' confinement in the county jail and a fine of $150.

In each case he was granted 60 days within which to prepare and serve a case-made. The record shows that a case-made was served on the county attorney in both of the above cases, but fails to show that it was served within the time allowed by the trial court. This is not a compliance with the law. The record must positively and affirmatively show that the case-made was served upon the county attorney within the time fixed by the trial court for that purpose, or the case-made will be stricken from the record. Cohn v. State, 4 Okla. Cr. 492, 113 P. 219. The case-made in each case is therefore stricken from the record.

We find no error in the transcript of the record in either case, and both judgments are therefore affirmed.