Wooten v State

Wooten v State
1939 OK CR 69
92 P.2d 594
66 Okl.Cr. 331
Decided: 06/24/1939
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Showing of Poverty Entitling Defendant to Transcript at County's Expense.

Alvin Wooten was convicted of the larceny of livestock. From the court's order denying the defendant's application for a case-made at Bryan County's expense, the defendant appeals. Case-made ordered furnished at Bryan County's expense.

W. L. Boner and Robert N. Allen, both of Durant, for plaintiff in error.

Bill Steger, Co. Atty., of Durant, for the State.

PER CURIAM. The plaintiff in error filed his transcript of the record in this court on June 22, 1939, and filed an application showing that on April 24, 1939, the plaintiff in error was tried for the crime of larceny of livestock in the district court of Bryan county, Okla., found guilty by a jury, and his punishment fixed at five years in the state penitentiary at McAlester; thereafter, and on

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the 29th day of April, 1939, the said plaintiff in error was sentenced by the district judge to serve the said term of five years in the state penitentiary at McAlester, and gave notice of his intention to appeal to the Criminal Court of Appeals of the state of Oklahoma, and was granted 60-10-5 days for case-made, which sixty days expires on the 29th of June, 1939.

It is further shown that the plaintiff in error filed a motion for a new trial which was overruled by the trial court.

The defendant states that he filed his application, asking the trial judge to order a case-made at the expense of the county; and states that he is a poor person without means to pay for the record; that he has no funds, and has no friends that will put up the funds to pay for the said record; that his application was heard by the Honorable District Judge of Bryan county, Okla., on June 17, 1939, and proof that plaintiff in error was a pauper, without means for paying for the record, and had no funds and no friends that would put up funds for said record; that after hearing the application of the plaintiff in error and the testimony in support of the same, the honorable district judge, who had presided at the trial, denied his said application and made the following announcement:

"By the Court: Here is the situation about it. I would love to make an order allowing him to appeal at the expense of the county; but the county is broke and don't have any money; and it don't look like we can get enough to hold court with. If I made an order in this case, I would have to make an order to appeal all of them; and we can't do it as much as I would like to do it; therefore, the application will be denied. I feel sorry for Mr. Wooten and would like to see him appeal the case; but I can see my way clear to do it. By Mr. Boner: The defendant excepts and gives notice of appeal to the Criminal Court of Appeals. By the Court: Exception allowed."

It is further shown that the plaintiff in error gave notice to the county attorney that on the 24th day of June,

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1939, he would apply to this court for an order requiring the court reporter of the district court of Bryan county, Okla., to furnish the record at the expense of the county.

No appearance was made by the county attorney, and the case was submitted upon the application of the plaintiff in error, the defendant in the lower court, and his proof in support of the same.

Section 3823, O. S. 1931, 20 Okla. St. Ann. § 111, in part is as follows: