Stone v State

Stone v State
1941 OK CR 28
110 P.2d 920
71 Okl.Cr. 246
Decided: 02/19/1941
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Scope of Review Absent Briefs and Oral Argument--Affirmance.

Appeal from District Court, Oklahoma County; Sam Hooker, Judge.

J. P. Stone was convicted of manslaughter in the second degree, and he appeals. Affirmed.

James W. Flinn, of Oklahoma City, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for defendant in error.

PER CURIAM. The defendant, J. P. Stone, was by information charged on May 7, 1938, in the district court of Oklahoma county, Okla., with the offense of manslaughter in the first degree, was tried, convicted of manslaughter in the second degree, sentenced to serve two years in the State Penitentiary, and has appealed to this court.

Judgment and sentence was rendered on April 18, 1939; and on the same day a motion for a new trial was

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filed, by the court overruled, and the defendant gave notice in open court of his intention to appeal; whereupon, he was allowed 60 days to make and serve a case-made. On June 17, 1939, the defendant was given an extension of time until the 17th of July to prepare and serve a case-made. On October 18, 1939, without any further extension of time having been given to prepare and serve a case-made, a hearing was had upon defendant's application for a case-made at the expense of Oklahoma county. Said application was denied; and on the same date, the last day upon which the defendant could have appealed to this court within the time allowed by statute, sec. 3192, O. S. 1931, 22 Okla. St. Ann. § 1054, a transcript of the proceedings was filed with the Clerk of the Criminal Court of Appeals.

There is no application before this court for a case-made to be prepared at the expense of Oklahoma county.

No briefs have been filed and no oral argument has been made herein.