Wells v. State

Court of Criminal Appeals of Oklahoma

Wells v. State

1924 OK CR 65, 223 P. 1118, 26 Okla. Crim. 269, 1924 Okla. Crim. App. LEXIS 79

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 4, 1924

DocketNo. A-4655.

StatusPublished

This text of 1924 OK CR 65 (Wells 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

Wells v. State, 1924 OK CR 65, 223 P. 1118, 26 Okla. Crim. 269, 1924 Okla. Crim. App. LEXIS 79 (Okla. Ct. App. 1924).

Pincite

Opinion

PER CURIAM.

On February 13, 1924, the Attorney General filed a motion to dismiss this appeal for the reason that the same was not filed in this court within 6 months from the rendition of judgment. This ease was tried on the 18th day of October, 1922. On October 23d a motion for a new trial was filed, which was by the court considered and overruled on October 27, 1922. After the overruling of the motion for a new trial the court rendered judgment fixing the punishment of plaintiff in error at confinement in the state penitentiary for a term, of two years. While the journal entry in this case shows that the' judgment was rendered on the 18th day of October, 1922, other portions of the record conclusively show that the judgment was not in fact rendered until the 27th of October. The appeal was filed in this court on April 23, 1923, within six months from the date on which the judgment was actually rendered, and the motion to dismiss the appeal is therefore overruled.

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PER CURIAM.

On February 13, 1924, the Attorney General filed a motion to dismiss this appeal for the reason that the same was not filed in this court within 6 months from the rendition of judgment. This ease was tried on the 18th day of October, 1922. On October 23d a motion for a new trial was filed, which was by the court considered and overruled on October 27, 1922. After the overruling of the motion for a new trial the court rendered judgment fixing the punishment of plaintiff in error at confinement in the state penitentiary for a term, of two years. While the journal entry in this case shows that the' judgment was rendered on the 18th day of October, 1922, other portions of the record conclusively show that the judgment was not in fact rendered until the 27th of October. The appeal was filed in this court on April 23, 1923, within six months from the date on which the judgment was actually rendered, and the motion to dismiss the appeal is therefore overruled.

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Bluebook (online)

1924 OK CR 65, 223 P. 1118, 26 Okla. Crim. 269, 1924 Okla. Crim. App. LEXIS 79, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wells-v-state-oklacrimapp-1924.