Hoofer v. State

• Decision Date: 17 April 1946
• Docket Number: A-10518.
• Citation: Hoofer v. State, 168 P.2d 313, 82 Okla.Crim. 237 (Okla. Crim. App. 1946)
• Parties: HOOFER v. STATE.
• Court: United States State Court of Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

168 P.2d 313

82 Okla.Crim. 237

HOOFER v. STATE.

No. A-10518.

Court of Criminal Appeals of Oklahoma

April 17, 1946

Appeal from District Court, Oklahoma County; A. P. Van Meter, Judge.

On rehearing.

Judgment and sentence appealed from modified and affirmed as modified.

For former opinion, see164 P.2d 247.

Syllabus by the Court.

1.The mailing of papers to be filed in a case pending in the Criminal Court of Appeals to the office of the Attorney General does not constitute a filing with the Clerk of the Criminal Court of Appeals.

2.Where counsel for defendant in response to a motion to dismiss appeal for lack of service of case made mails to Attorney General a stipulation signed by County Attorney stating that case made was served upon County Attorney within the statutory period, but which stipulation through inadvertence was not filed with the Clerk of the Criminal Court of Appeals, on petition for rehearing, this court will permit the stipulation to be filed as an amendment to the case made and will consider the appeal on its merits.

3.Upon rehearing and due consideration of record and briefs, it is found that interests of justice required that punishment assessed accused should be modified from a term of ten years in the State Penitentiary to a term of five years in the State Penitentiary, upon conviction for crime of manslaughter in the first degree.

Houston & Miskovsky, George H. GiddingsDavid Tant, and Ross N. Lillard, all of Oklahoma City, for plaintiff in error.

Randell S. Cobb, Atty. Gen., and E. J. Broaddus, Asst. Atty. Gen for defendant in error.

JONES Presiding Judge.

After the opinion was rendered in this case, a petition for rehearing was filed, in which attention of this court was directed to the fact that the attorneys for the defendant after being served with the motion to dismiss the appeal filed by the Attorney General, procured a stipulation signed by the special counsel appointed by the trial court to represent the State at the trial of said case in which stipulation it was agreed that the case made was served upon said counsel for the State during the statutory period within which the plaintiff had been granted time to make and serve case made, and that through an oversight such stipulation had been omitted from the case made.This stipulation was delivered to the Attorney General with the understanding that it was to be approved by him and presented to this court for an order directing its inclusion in the case made filed in this court.

The Assistant Attorney General who represented ...