Edwards v State

Edwards v State
1909 OK CR 116
103 P. 1072
2 Okl.Cr. 715
Case Number: No. A-42
Decided: 09/25/1909
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Necessity of Petition in Error.

Appeal from Carter County Court; I.R. Mason, Judge.

Walter Edwards was convicted of violating the prohibition law, and he appeals. Dismissed.

Fred S. Caldwell, for the State.

Page 716

FURMAN, PRESIDING JUDGE. No briefs have been filed by counsel for the defendant. The record is regular, and no errors appear therein. The case would be affirmed were it not for the fact that no petition in error is attached to or accompanied the case-made, as is required by section 5612, Wilson's Rev. & Ann. St. 1903. The language of the statute is mandatory. It is as follows: "Such original case-made shall be filed with the petition in error." There being no petition in error filed in this case, there is nothing for the court to consider.

The attempted appeal is therefore dismissed.