Chase v. State
This text of 1962 OK CR 84 (Chase v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an original action by Frank Chase, # 66543, for writ of mandamus, wherein he seeks to obtain an order directing the dis-strict court of Tulsa County, Oklahoma, to prepare a case made at the expense of the State.
The County Attorney of Tulsa County has filed a response to the rule to show cause issued herein.
It seems that the petitioner was found guilty by a jury of Tulsa County of the crime of conjoint robbery with fire arms, after former conviction of the crime of second degree burglary.
The jury fixed the punishment on the conviction at thirteen years in the penitentiary. On February 15, 1962 the petitioner was sentenced to the penitentiary in conformity with the jury’s verdict. He gave notice of his intention to appeal to the Court of Criminal Appeals, and was granted time to perfect said appeal. In this proceeding he was represented by able counsel.
No motion for new trial was filed, however, and the time for filing such motion has long since expired. This court has repeatedly held that where motion for new *260 trial has not been filed, and no fundamental error is apparent from the pleadings, a petition for writ of mandamus to provide a case made will be denied. In re Application of Jones, Okl.Cr., 365 P.2d 833.
The petition for writ of mandamus is, accordingly, denied.
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Cite This Page — Counsel Stack
1962 OK CR 84, 373 P.2d 259, 1962 Okla. Crim. App. LEXIS 238, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chase-v-state-oklacrimapp-1962.