Opinion

Brown v. State

  • 276 P.2d 781
  • 1954 OK CR 140
  • 1954 Okla. Crim. App. LEXIS 211
Court
Court of Criminal Appeals of Oklahoma
Filed
Nov 17, 1954
Status
Published
Author
Brett
On the bench
Brett, Powell, Jones
Cited by
1 cases
Authority
More cited than 53.6%

The opinion

BRETT, Judge.

This is an attempted appeal by;the plaintiff in error, Manuel Brown, defendant below, from a purported judgment and sentence entered against him in the co.unty court of Coal county, Oklahoma, wherein it appears that he was convicted of, driving an automobile while under the influence of intoxicating liquor, Title 47, ,§ 93, O.S. 1951, wherein he alleged that he' was assessed a fine and jail sentence. This attempted appeal was filed herein on February 1, 1954, and a brief in support thereof on April 12, 1954, to which the State óf Oklahoma made response in a motion' tó dismiss filed on January 14, 1954. In said motion to dismiss1 it was alleged that this court was without jurisdiction by reason of .the, fact that there was no judgment and..sentence contained in the case-made by which the purported appeal was attempted to be-perfected.

To this motion the plaintiff, in error, Manuel Brown, has filed no response. An examination of the case-made discloses that’ it does not contain any judgment or sentence.

It has been repeatedly held that, where an appeal is taken from an alleged judgment of conviction and the transcript of the record or case-made contains no copy of the judgment of the trial court, this court does not acquire jurisdiction of the appeal, and such appeal will be dismissed. Buffalohide v. State, 64 Okl.Cr. 15 , 76 P.2d 914 ; Thorn *782 ton v. State, 86 Okl.Cr. 394 , 193 P.2d 609, 610 ; State v. Smith, Okl.Cr., 268 P.2d 587 . For said reasons the attempted appeal herein is accordingly dismissed.

POWELL, P. J., and JONES, J., concur.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.