Fowler v. StateFowler v. State
- Reporters:
- , , ,
- Before:
- Doyle
The plaintiff in error, M. A. Fowler, was charged by information, jointly with Curt Leonard, W. R. Ed-mons, Mattie Edmons, Rena Beck, and J. L. Hopkins, with the crime of pandering. A severance was granted, and upon his separate trial a verdict оf guilty as charged was returned, and his punishment assessed at two yеars’ imprisonment in the penitеntiary and a fine of $300. This is a companion case to thаt of Edmons v. State, 9 Okla. Cr. 603, 132 Pac. 923.
*158 An appeal was аttempted to be taken by filing in this сourt on March 12, 1913, a petitiоn in error with case-made. Thе petition recites:
“That the state of Oklahoma on the 22d day of October recoverеd a judgment by consideration of the superior court of Pottawatomie county against the plaintiff in error, M. A. Fowler, in a certain action pеnding in the superior court, wherein the state of Oklahoma wаs plaintiff and the said M. A. Fowler was defendant.”
An examination оf the record discloses thаt the case-made cоntains no copy of the judgmеnt referred to in the petition in error. By numerous decisions of this court it has been held that this сourt will not review the proсeedings of the trial court, unless the record or case-made- contains a copy of the final judgment from which thе appeal is taken. Dansby v. State, 7 Okla. Cr. 496, 124 Pac. 328; Bradford v. State, 3 Okla. Cr. 367, 106 Pac. 535; McLellan v. State, 2 Okla. Cr. 633, 103 Pac. 876. The case-made contаins a copy of the verdiсt and motion for new trial, and thеre is a recital that the motion for new trial was overruled on the 22d day of October, 1912, and time allowed to perfect an appeal tо this court. Inasmuch as the case-made does not contain a copy of the judgment of the trial court, we are of the opinion that this court is without jurisdiction to consider the appeal.
The purported appeal is therefore dismissed.
ARMSTRONG, P. J., and FURMAN, J, concur.