Mulliken v. State

Court of Criminal Appeals of Oklahoma

Mulliken v. State

1910 OK CR 33, 106 P. 650, 3 Okla. Crim. 433, 1910 Okla. Crim. App. LEXIS 176

Court of Criminal Appeals of Oklahoma·Decided February 1, 1910·No. No. A-482.·Published

Opinion

FURMAN, PRESIDING Judge.

First. Judgment was rendered against the defendant on the 18th day o£ October;- 1909. On the 11th day of December following a petition for a writ of certiorari was filed in this court, praying that the presiding judge of Garfield county be directed to certify to this court, under, seal of said court, all of the records, testimony, and( proceedings had in the cause of the State of Oklahoma v. John M. D. Mulliken. This petition for writ of certiorari is not signed by the defendant or his attorney; neither is it verified by oath. Under these conditions we cannot consider it.

Second. The 60 days from the date of judgment allowed by statute within which an appeal may be perfected in a misdemeanor ease has expired, and no notices of appeal or transcript of the record or case-made have been filed in this court. For those reasons the appeal is dismissed, with directions to the lower court to proceed to enforce the judgment.

Appeal dismissed.

DOYLE and OWEN, Judges, concur.

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FURMAN, PRESIDING Judge.

First. Judgment was rendered against the defendant on the 18th day o£ October;- 1909. On the 11th day of December following a petition for a writ of certiorari was filed in this court, praying that the presiding judge of Garfield county be directed to certify to this court, under, seal of said court, all of the records, testimony, and( proceedings had in the cause of the State of Oklahoma v. John M. D. Mulliken. This petition for writ of certiorari is not signed by the defendant or his attorney; neither is it verified by oath. Under these conditions we cannot consider it.

Second. The 60 days from the date of judgment allowed by statute within which an appeal may be perfected in a misdemeanor ease has expired, and no notices of appeal or transcript of the record or case-made have been filed in this court. For those reasons the appeal is dismissed, with directions to the lower court to proceed to enforce the judgment.

Appeal dismissed.

DOYLE and OWEN, Judges, concur.

Mulliken v. State, 1910 OK CR 33, 106 P. 650, 3 Okla. Crim. 433, 1910 Okla. Crim. App. LEXIS 176 (Okla. Ct. App. 1910).

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