Jordan v. State

• Decision Date: 25 November 1911
• Citation: 118 P. 813,6 Okla.Crim. 384,1911 OK CR 316
• Parties: JORDAN v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

118 P. 813

6 Okla.Crim. 384, 1911 OK CR 316

JORDAN v. STATE.

Court of Criminal Appeals of Oklahoma

November 25, 1911

Syllabus by the Court.

When an appellant, who has been convicted of an offense in a trial court in this state, seeks a reversal of a judgment in this court, on the ground that he was unable to present enough of the record on appeal to disclose prejudicial error, the record must conclusively show that he has exercised every possible diligence to obtain a proper case-made, and through no fault of his has been unable to do so. Farmer v State, 5 Okl. Cr. 151, 114 P. 753.

Where a transcript of the record or case-made has been filed in this court in due time, and by proper motion it is made to appear that any matter is of record in the court from which the appeal is taken touching the cause appealed, or any evidence heard on the trial of said cause, or that any statement, or certificate, or motion, or other matter is omitted from such record or case-made, or are insufficiently stated therein this court will allow the appellant a reasonable time within which to prepare such omitted parts of the transcript of the record or case-made under the direction of the trial judge and file such corrections in this court; and when so filed such corrections or added parts will have the same force and effect as though they had been originally incorporated in the record or case-made when first filed in this court.

Appeals from Payne County Court; P. D. Mitchell, Judge.

Homer Jordan was convicted on two indictments for violating the prohibitory law, and appeals. Affirmed.

Springer & Oursler, for plaintiff in error.

Smith C. Matson and E. G. Spilman, Asst. Attys. Gen. (Andrew Wood of counsel), for the State.

ARMSTRONG J.

Homer Jordan was convicted in two cases, in the county court of Payne county, in August, 1910, for violations of the prohibitory law. In case No. A999, he was charged with conveying intoxicating liquor unlawfully from one place to another designated in the information, and his punishment fixed at a fine of $100 and 30 days' confinement in the county jail. In case No. A1000, he was charged with having the unlawful possession of intoxicating liquor with the intention of selling the same, and his punishment fixed at a fine of $100 and imprisonment in the county jail for a period of 30 days.

Plaintiff in error contends that he was deprived of his right of appeal by reason of the failure of the court stenographer of the county court of Payne county failing to furnish a transcript of the evidence, and upon this ground seeks a reversal of the judgments of conviction in these cases. This is the sole question at issue.

The record discloses that the plaintiff in error was given 120 days from August 25, 1910, the date upon which the judgments appeal from were rendered, in which to file petition in error and case-made in this court. He was given 90 days at first but, on account of the stenographer being behind with her work, the time was extended. This extension allowed him until the 23d day of December to perfect the appeal. On December 21, 1910, evidence was taken on a motion for a new trial, based upon the ground that plaintiff in error had been unable to perfect his appeal in the...