Robinson v. State
| Decision Date | 16 October 1940 |
| Docket Number | A-9841. |
| Citation | 106 P.2d 531,70 Okla.Crim. 365 |
| Parties | ROBINSON v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
1. An appeal in a criminal case cannot be taken by defendant until after judgment of conviction, and where the case-made or transcript of the record fails to show that such judgment has been rendered, such appeal will be dismissed.
2. Where the defendant attempts to appeal from an order of the trial court in sustaining a demurrer to the indictment directing the county attorney to submit said cause to another grand-jury, or to file a new information, such purported appeal will be dismissed for want of jurisdiction.
Appeal from District Court, Oklahoma County; Geo. H. Giddings Judge.
R. C Robinson was charged by indictment with having committed the crime of preparing false evidence. From an unsatisfactory order sustaining a demurrer to the indictment, defendant appealed, and a motion was filed to dismiss the appeal.
Motion to dismiss appeal sustained, appeal dismissed, and cause remanded.
J. B Dudley and Luther Bohanon, both of Oklahoma City, for plaintiff in error.
Mac Q. Williamson, Atty. Gen., for the State.
The indictment in this case, duly presented and filed in the District Court of Oklahoma County May 19, 1939, in substance charges that in said county on the 26th day of April, 1938, R. C. Robinson, did then and there wilfully, unlawfully and feloniously commit the crime of preparing false evidence, by procuring from one Joe Creson an instrument in writing which is set forth in said indictment, with the wilful, unlawful and felonious intent to produce or allow to be produced as genuine, in the trial of case No. 97945 in the District Court of said county on behalf of Roy Mirt, plaintiff, and against Joe Creson and the Western States Grocery Company, a corporation, defendants.
It appears from the record that upon arraignment the defendant entered a plea of not guilty. On February 19, the case was called for trial, leave granted to withdraw plea of not guilty for the purpose of filing a demurrer to the information, which demurrer was presented and sustained, and the court directed the county attorney to file a preliminary information within ten days.
The order sustaining the demurrer to the indictment, filed February 21, omitting formal parts, reads as follows:
On February 3rd, the defendant filed a motion to vacate and set aside the following portion of its order of February 19th "And it is further ordered, adjudged and decreed by the court that the...
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Baxter v. Franklin
...Illinois, 351 U.S. 12, 18 (1956). Oklahoma grants a statutory right to appeal in OKLA. STAT. tit. 22, § 1051. See Robinson v. State, 106 P.2d 531, 532 (Okla. Crim. App. 1940) ("An appeal is not a matter of inherent right. It is a right extended to the defendant by the favor of the State.").......
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Alexander v. State
... ... admission of evidence is presented and tried by the presiding ... judge, such as the competency of dying declarations and of ... secondary evidence of the contents of lost documents." ... This ... court also has recently held in the case of Robinson v ... State, 106 P.2d 531, 532: ... "The appeal in a criminal case is from the judgment of ... conviction. There is no statute authorizing an appeal from an ... order directing that the case be submitted to the same or ... another grand jury, or that a new information be filed. Sec ... ...