HENSLEY v. STATE

HENSLEY v. STATE
1966 OK CR 21
410 P.2d 896
Case Number: A-13846
Decided: 02/09/1966
Oklahoma Court of Criminal Appeals

An appeal from the County Court of Marshall County; George L. Sneed, Judge.

Ellis B. Hensley was convicted of the crime of Public Drunk and appeals. Dismissed.

Joseph O. Minter, Welch & Minter, Madill, for plaintiff in error.

Charles Nesbitt, Atty. Gen., for defendant in error.

NIX, Judge.

¶1 Ellis Hensley was convicted in the County Court of Marshall County with the crime of Public Drunk, and sentenced to pay a fine of $100.00. From that judgment and sentence he has attempted to appeal to this Court.

¶2 The record filed in connection with this cause does not contain judgment and sentence. This, in itself, is fatal to the appeal.

¶3 This Court has stated many times, as in the case of Greenwood v. State, Okl.Cr., 375 P.2d 661:

"Where casemade does not contain formal judgment and sentence, the record cannot be considered even as a transcript, and the appeal will be dismissed."

In this cause, the county attorney and defense counsel attempted to file an amendment in the back of the casemade, but this does not substitute for a judgment and sentence.

¶4 The attempted appeal is, therefore, dismissed.

BUSSEY, P.J., and BRETT, J., concur.