Gibson v State

Gibson v State
1910 OK CR 72
107 P. 739
3 Okl.Cr. 594
Case Number: No. A-236
Decided: 03/30/1910
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Dismissal Defects in Record.

Appeal from District Court, Le Flore County; M.E. Rosser, Judge.

Morris Gibson, the defendant, was convicted of the offense of manslaughter, and sentenced to seven years' confinement in the penitentiary and a fine of $500. Motions for a new trial and in arrest of judgment were filed and overruled on the 11th day of November, 1908. Defendant was given 90 days in which to prepare and serve a case-made, and appeals. Appeal dismissed.

J.E. Whitehead, for appellant.

Charles L. Moore, Asst. Atty. Gen., for the State.

Page 595

PER CURIAM. In so far as the record discloses, the case-made was never served upon the county attorney. We must therefore sustain the motion of the Attorney General to strike from the record what purports to be the case-made. There is no certificate of the clerk of the court to the transcript of the record. We therefore are without jurisdiction to consider this attempted appeal either as upon a case-made or upon a transcript of the record.