Sprouse v. State
This text of 1967 OK CR 167 (Sprouse 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.
Opinion
Plaintiff in Error, David Milton Sprouse, -was convicted in the District Court of ■Oklahoma County with the crime of Taking Indecent Liberties with a Female Child “Under the Age of Fourteen Years. From -that conviction he has attempted to appeal -to this Court by casemade with petition in error attached.
This cause was filed in this Court on May 3, 1967. On June 1, 1967, the Attorney ■General filed a Motion to Dismiss on the grounds that the casemade does not contain -a judgment and sentence, or show whether -the defendant is in the penitentiary or on bail.
No attempt to refute the Motion has been -made, and the case was set for argument on -the motion on September 20, 1967; at which -time the cause was submitted.
The law is clear and concise on this matter. We have stated repeatedly, as in Greenwood v. State, Okl.Cr., 375 P.2d 661:
“Where casemade does not contain formal judgment and sentence, the record cannot be considered even as a transcript, and the appeal will be dismissed.”
Therefore, the state’s Motion to Dismiss is sustained, and the attempted appeal dismissed, judgment and sentence affirmed.
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Cite This Page — Counsel Stack
1967 OK CR 167, 432 P.2d 664, 1967 Okla. Crim. App. LEXIS 387, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sprouse-v-state-oklacrimapp-1967.