121 P. 790 | Okla. Crim. App. | 1912
The record in this case fails to show that the case-made was ever served upon the county attorney. In the case of Cohn v.State,
"No case-made will be considered by this court, unless it is shown positively and affirmatively that it was served upon the county attorney, and that it was so served within the time granted by the trial court for that purpose."
See, also, Box v. State,
There is not in the record any certificate of the clerk of the superior court to the transcript of the record. We therefore cannot consider this appeal as upon the transcript of the record. See Abel v. Blair,
The appeal must be dismissed.
ARMSTRONG and DOYLE, JJ., concur. *39