Mitchell and Motley v. State

Court of Criminal Appeals of Oklahoma

Mitchell and Motley v. State

1911 OK CR 381, 117 P. 1132, 6 Okla. Crim. 620, 1911 Okla. Crim. App. LEXIS 394

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 5, 1911

DocketNo. A-900.

StatusPublished

Cited by1 cases

This text of 1911 OK CR 381 (Mitchell and Motley 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.

Bluebook

Mitchell and Motley v. State, 1911 OK CR 381, 117 P. 1132, 6 Okla. Crim. 620, 1911 Okla. Crim. App. LEXIS 394 (Okla. Ct. App. 1911).

Pincite

Opinion

PER CURIAM.

The appellants were convicted in the county court of Pottawatomie county on July 8, 1910, on a charge of selling intoxicating liquors. The record is most incomplete and unsatisfactory. The Attorney General has filed a motion to dismiss the appeal on the following grounds: "First. Because there is no judgment incorporated in the record from which this appeal is taken. Second. Because the case-made was never served on the county attorney and there is no transcript of the record. Third. Because the certificate of the judge to the case-made is not .attested by the clerk qf the court, nor has the case-made “ever been filed in the office of the clerk of the county court of Pottawatomie county as required by see. 6951, Comp. Laws Okla. 1909, Snyder. Fourth. Because the case-made and petition in error ’were not filed in this court within the time allowed by law.” There has been no answer filed. The allegations in the motion have not been controverted, and are supported by the record before us. The motion is well taken and is sustained. The appeal is accordingly dismissed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellants were convicted in the county court of Pottawatomie county on July 8, 1910, on a charge of selling intoxicating liquors. The record is most incomplete and unsatisfactory. The Attorney General has filed a motion to dismiss the appeal on the following grounds: "First. Because there is no judgment incorporated in the record from which this appeal is taken. Second. Because the case-made was never served on the county attorney and there is no transcript of the record. Third. Because the certificate of the judge to the case-made is not .attested by the clerk qf the court, nor has the case-made “ever been filed in the office of the clerk of the county court of Pottawatomie county as required by see. 6951, Comp. Laws Okla. 1909, Snyder. Fourth. Because the case-made and petition in error ’were not filed in this court within the time allowed by law.” There has been no answer filed. The allegations in the motion have not been controverted, and are supported by the record before us. The motion is well taken and is sustained. The appeal is accordingly dismissed.

Cite This Page — Counsel Stack

Bluebook (online)

1911 OK CR 381, 117 P. 1132, 6 Okla. Crim. 620, 1911 Okla. Crim. App. LEXIS 394, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-and-motley-v-state-oklacrimapp-1911.

Opinion

Related

Cite This Page — Counsel Stack