Mitchell v. State

Court of Criminal Appeals of Oklahoma

Mitchell v. State

1920 OK CR 122, 190 P. 268, 17 Okla. Crim. 513, 1920 Okla. Crim. App. LEXIS 106

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 14, 1920

DocketNo. A-3433.

StatusPublished

Cited by4 cases

This text of 1920 OK CR 122 (Mitchell 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 v. State, 1920 OK CR 122, 190 P. 268, 17 Okla. Crim. 513, 1920 Okla. Crim. App. LEXIS 106 (Okla. Ct. App. 1920).

Pincite

Opinion

DOYLE, P. J.

The plaintiff in error, Jesse Mitchell, was convicted in the district court of Carter county upon an information charging that in said county, on or about the I2th day of January, 1918, he did then and there willfully, unlawfully, and feloniously make an assault by shooting at and against the body of one Manuel Williams, with a pistol with the unlawful and felonious intent to do great bodily harm, and his punishment was fixed at confinement in the county jail for a period of six months. To reverse the conviction a petition in error with case-made was filed in this court on August 15, 1918.

*514 The Attorney General has filed a motion to dismiss because there is no judgment or copy of judgment in the record.

The case-made contains a copy of the verdict, the motion for a new trial, and the order of the court overruling the same. Then appears the following recital:

“And thereupon the defendant, in open court, gav<* notice of appeal, and thereupon the judgment and sentence of the court was pronounced against said defendant in conformity with the verdict of the jury rendered in said cause.”

This is the only reference in the record which shows the rendition of any judgment of conviction, and in itself is a mere recital of the fact that a judgment had been rendered. The case-made does not contain a journal entry of judgment or a copy thereof. By numerous decisions of this court it is held that when 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 conviction, such record or case-made presents no question to this court for its determination, -and the appeal will be dismissed for want of jurisdiction. McLellan v. State, 2 Okla. Cr. 633, 103 Pac. 876; Loyd v. State, 12 Okla. Cr. 82, 151 Pac. 1190; Harjoe v. State, 14 Okla. Cr. 187, 169 Pac. 659.

Inasmuch as the case-made does not contain a copy of the judgment appealed from, we are of the opinion that this court is without jurisdiction to consider the' appeal. The motion to dismiss the appeal is therefore .sustained, and the attempted appeal herein is dismissed, and the cause remanded to the lower court.

ARMSTRONG and MATSON, JJ., concur.

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

DOYLE, P. J.

The plaintiff in error, Jesse Mitchell, was convicted in the district court of Carter county upon an information charging that in said county, on or about the I2th day of January, 1918, he did then and there willfully, unlawfully, and feloniously make an assault by shooting at and against the body of one Manuel Williams, with a pistol with the unlawful and felonious intent to do great bodily harm, and his punishment was fixed at confinement in the county jail for a period of six months. To reverse the conviction a petition in error with case-made was filed in this court on August 15, 1918.

*514 The Attorney General has filed a motion to dismiss because there is no judgment or copy of judgment in the record.

The case-made contains a copy of the verdict, the motion for a new trial, and the order of the court overruling the same. Then appears the following recital:

“And thereupon the defendant, in open court, gav<* notice of appeal, and thereupon the judgment and sentence of the court was pronounced against said defendant in conformity with the verdict of the jury rendered in said cause.”

This is the only reference in the record which shows the rendition of any judgment of conviction, and in itself is a mere recital of the fact that a judgment had been rendered. The case-made does not contain a journal entry of judgment or a copy thereof. By numerous decisions of this court it is held that when 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 conviction, such record or case-made presents no question to this court for its determination, -and the appeal will be dismissed for want of jurisdiction. McLellan v. State, 2 Okla. Cr. 633, 103 Pac. 876; Loyd v. State, 12 Okla. Cr. 82, 151 Pac. 1190; Harjoe v. State, 14 Okla. Cr. 187, 169 Pac. 659.

Inasmuch as the case-made does not contain a copy of the judgment appealed from, we are of the opinion that this court is without jurisdiction to consider the' appeal. The motion to dismiss the appeal is therefore .sustained, and the attempted appeal herein is dismissed, and the cause remanded to the lower court.

ARMSTRONG and MATSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1920 OK CR 122, 190 P. 268, 17 Okla. Crim. 513, 1920 Okla. Crim. App. LEXIS 106, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mitchell-v-state-oklacrimapp-1920.

Opinion

Related

Cite This Page — Counsel Stack