Mobbs v. State

Court of Criminal Appeals of Oklahoma

Mobbs v. State

1919 OK CR 160, 194 P. 450, 18 Okla. Crim. 308, 1919 Okla. Crim. App. LEXIS 326

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 10, 1919

DocketA-3024

StatusPublished

Cited by3 cases

This text of 1919 OK CR 160 (Mobbs 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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Mobbs v. State, 1919 OK CR 160, 194 P. 450, 18 Okla. Crim. 308, 1919 Okla. Crim. App. LEXIS 326 (Okla. Ct. App. 1919).

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Opinion

ARMSTRONG, J.

The plaintiff in error, Frank Mobbs, hereinafter called “defendant,” was informed against for a violation of the prohibitory liquor laws, found guilty by a jury, and his punishment fixed at imprisonment in the county jail of Atoka county for 90 days and to pay a fine in the sum of $250. He executed a supersedeas bond and attempted to take an appeal to this court.

While it is alleged in the petition in error in this case that judgment was rendered against defendant on said verdict of, the jury, a most careful examination of the entire record, fails to show that such judgment was in fact rendered, and therefore this court is without jurisdiction to consider this appeal.

“Where an appeal is táken 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 an appeal will be dismissed.” Harjoe v. State, 14 Okla. Cr. 187, 169 Pac. 659; Loyd v. State, 12 Okla. Cr. 82, 151 Pac. 1190; Fowler v. State, 11 Okla. Cr. 157, 143 Pac. 658; Dansby v. State, 7 Okla. Cr. 496, 124 Pac. 328; Allen v. State, 6 Okla. Cr. 665, 118 Pac. 1102; Bradford v. State, 3 Okla. Cr. 367, 106 Pac. 535; McLellan v. State, 2 Okla. Cr. 633, 103 Pac. 676.

Appeal dismissed.

DOYLE, P. J., and MATSON, J., -concur.

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ARMSTRONG, J.

The plaintiff in error, Frank Mobbs, hereinafter called “defendant,” was informed against for a violation of the prohibitory liquor laws, found guilty by a jury, and his punishment fixed at imprisonment in the county jail of Atoka county for 90 days and to pay a fine in the sum of $250. He executed a supersedeas bond and attempted to take an appeal to this court.

While it is alleged in the petition in error in this case that judgment was rendered against defendant on said verdict of, the jury, a most careful examination of the entire record, fails to show that such judgment was in fact rendered, and therefore this court is without jurisdiction to consider this appeal.

“Where an appeal is táken 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 an appeal will be dismissed.” Harjoe v. State, 14 Okla. Cr. 187, 169 Pac. 659; Loyd v. State, 12 Okla. Cr. 82, 151 Pac. 1190; Fowler v. State, 11 Okla. Cr. 157, 143 Pac. 658; Dansby v. State, 7 Okla. Cr. 496, 124 Pac. 328; Allen v. State, 6 Okla. Cr. 665, 118 Pac. 1102; Bradford v. State, 3 Okla. Cr. 367, 106 Pac. 535; McLellan v. State, 2 Okla. Cr. 633, 103 Pac. 676.

Appeal dismissed.

DOYLE, P. J., and MATSON, J., -concur.

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Bluebook (online)

1919 OK CR 160, 194 P. 450, 18 Okla. Crim. 308, 1919 Okla. Crim. App. LEXIS 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mobbs-v-state-oklacrimapp-1919.

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