Preston v State

Preston v State
1928 OK CR 266
269 P. 507
40 Okl.Cr. 403
Decided: 08/04/1928
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Mandatory That Case-Made Be Attested by Clerk.

Appeal from County Court, Jackson County; J.M. Williams, Judge.

Riley Preston was convicted of having the unlawful possession of intoxicating liquor, and he appeals. Affirmed.

Whiteside & Snodgrass, for plaintiff in error.

Edwin Dabney, Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, who for brevity will be referred to as defendant, was convicted in the county court of Jackson county on a charge of having the unlawful possession of intoxicating liquor, and was sentenced to pay a fine of $150 and to serve 50 days in the county jail.

The appeal seeks to raise the question that the conviction was procured by evidence obtained by an illegal search warrant. An examination of the record discloses that the certificate of the trial judge is not attested by the clerk, as required by the provisions of section 785, Comp. St. 1921. This court has several times held that this provision of the law is mandatory, and unless the case-made is attested by the clerk it is not properly before this court. Lewis v. State, 3 Okla. Cr. 448, 106 P. 647; Humphrey v. State, 3 Okla. Cr. 504, 106 P. 978, 139 Am. St. Rep. 972. The record contains a certificate of the clerk and the case-made is sufficient as a transcript. Butler v.

Page 404

State, 22 Okla. Cr. 241, 223 P. 193; Tracy v. State, 24 Okla. Cr. 144, 216 P. 941.