Kessinger v. State

Court of Criminal Appeals of Oklahoma

Kessinger v. State

1962 OK CR 115, 375 P.2d 274, 1962 Okla. Crim. App. LEXIS 278

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 26, 1962

DocketA-13283

StatusPublished

Cited by3 cases

This text of 1962 OK CR 115 (Kessinger 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.

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Kessinger v. State, 1962 OK CR 115, 375 P.2d 274, 1962 Okla. Crim. App. LEXIS 278 (Okla. Ct. App. 1962).

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Opinion

BUSSEY, Judge.

This is an original proceeding in mandamus by Robert C. Kessinger, petitioner, an inmate of the State Penitentiary at McAlester, in which he seeks an order of this Court directing the district court of Tulsa County to prepare and furnish him a casemade of the proceedings in connection with the trial and conviction of the petitioner in said court. Petitioner was tried and convicted of the Crime of Second Degree Forgery, after a previous conviction of a felony, and sentenced on April 5, 1962 to Ten (10) years in the Oklahoma State Penitentiary.

Title 22 Okl.Sta.Ann. § 1054, as amended, provides that in felony cases an appeal must be taken within three months after judgment is rendered. This provision of the statute is mandatory, and must be strictly followed, and this court cannot entertain an appeal not perfected within such time. In the case of In re Application of Miller, 87 Okl.Cr. 423, 198 P.2d 755, this Court said:

“There is no statute in this state which permits this court to issue an order requiring the district court to furnish a transcript or casemade after the time has expired for taking an appeal in a criminal case.” See also, Monzell v. State, 78 Okl.Cr. 34, 143 P.2d 163; Application of Cannon, Okl. Cr., 360 P.2d 732.

Since the application herein is not timely made, and this Court would have no jurisdiction to consider an appeal if the same were lodged at this time, the application for Writ of Mandamus must be, and is hereby, Denied.

NIX, P. J., and BRETT, J., concur.

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BUSSEY, Judge.

This is an original proceeding in mandamus by Robert C. Kessinger, petitioner, an inmate of the State Penitentiary at McAlester, in which he seeks an order of this Court directing the district court of Tulsa County to prepare and furnish him a casemade of the proceedings in connection with the trial and conviction of the petitioner in said court. Petitioner was tried and convicted of the Crime of Second Degree Forgery, after a previous conviction of a felony, and sentenced on April 5, 1962 to Ten (10) years in the Oklahoma State Penitentiary.

Title 22 Okl.Sta.Ann. § 1054, as amended, provides that in felony cases an appeal must be taken within three months after judgment is rendered. This provision of the statute is mandatory, and must be strictly followed, and this court cannot entertain an appeal not perfected within such time. In the case of In re Application of Miller, 87 Okl.Cr. 423, 198 P.2d 755, this Court said:

“There is no statute in this state which permits this court to issue an order requiring the district court to furnish a transcript or casemade after the time has expired for taking an appeal in a criminal case.” See also, Monzell v. State, 78 Okl.Cr. 34, 143 P.2d 163; Application of Cannon, Okl. Cr., 360 P.2d 732.

Since the application herein is not timely made, and this Court would have no jurisdiction to consider an appeal if the same were lodged at this time, the application for Writ of Mandamus must be, and is hereby, Denied.

NIX, P. J., and BRETT, J., concur.

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Bluebook (online)

1962 OK CR 115, 375 P.2d 274, 1962 Okla. Crim. App. LEXIS 278, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessinger-v-state-oklacrimapp-1962.

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