Thurmond v. State

Court of Criminal Appeals of Oklahoma

Thurmond v. State

1969 OK CR 268, 461 P.2d 996, 1969 Okla. Crim. App. LEXIS 638

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 8, 1969

DocketNo. A-15044

StatusPublished

This text of 1969 OK CR 268 (Thurmond 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

Thurmond v. State, 1969 OK CR 268, 461 P.2d 996, 1969 Okla. Crim. App. LEXIS 638 (Okla. Ct. App. 1969).

Pincite

Opinion

NIX, Judge.

This is another appeal case from the District Court of Oklahoma County wherein Archie Mclnnis was the Court Reporter, and a transcript of the testimony could not be provided the defendant for his appeal, due to the death of said Court Reporter.

This Court stated in O’Neal v. State, Okl.Cr., 450 P.2d 913:

“Where the untimely death of a court reporter occurs, and no record or transcript can be completed for the defendant in a criminal case to appeal to the Court of Criminal Appeals, said cause will be remanded for a new- trial,”

Although the assistant public defender attempted. to appeal by summarizing the evidence presented, this Court does not feel this is sufficient in the instant case.

It is, therefore, the order of this Court that this cause be Reversed and Remanded to the District Court of Oklahoma County for a new trial.

BRETT, P. J., and BUSSEY, J., concur.

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