Application of Miller

Application of Miller
1948 OK CR 101
198 P.2d 755
87 Okl.Cr. 423
Decided: 10/20/1948
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Statute Providing Time for Filing Appeal in Felony Case Mandatory. Tit. 22 0. S. 1941 § 1054, providing that an appeal in a felony case must be taken within six months after judgment, is mandatory, and the Criminal Court of Appeals could not entertain an appeal not perfected within such time.

2. Mandamus-Writ Denied Where Judgment and Sentence Entered More Than Five Years Before Filing of Application. Application for writ of mandamus requiring district court to furnish case-made where judgment and sentence in felony case was entered more than five years prior to filing of application would be denied.

Original proceeding by Bert Miller for a writ of mandamus to require the district court of McCurtain County to furnish a case-made or transcript. Writ denied.

Bert Miller, pro se.

MaC Q. Williamson, Atty. Gen., and Sam H. Lattimore, Asst. Atty. Gen., for respondent.

BAREFOOT, P. J. Petitioner, Bert Miller, who is an inmate of the State Penitentiary at McAlester, serving a life sentence for murder by reason of judgment and sentence of the district court of McCurtain county, has filed in this court an application for writ of mandamus. By this application he seeks to have this court issue a writ of mandamus directed to the district court of McCurtain county, directing said court "to furnish a case-made record at your petitioner's own expense, or a transcript."

No part of the record of McCurtain county is attached to the petition, and no evidence was submitted,

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or appearance made, at the date of the submission of this case on September 22, 1948.

The petition shows on its face that petitioner was sentenced on May 3, 1943. The time for appeal has long since expired. There is no statute in this state which permits this court to issue an order requiring the district court to furnish a transcript or case-made after the time has expired for taking an appeal in a criminal case.

Petitioner contends that he is being deprived of his rights in violation of see. 7, art. 2 of the Oklahoma Constitution, and the Fourteenth Amendment to the Federal Constitution, which provide: