State v. Guinn

• Decision Date: 31 March 1931
• Docket Number: 1689
• Citation: 43 Wyo. 106,297 P. 808
• Parties: STATE v. GUINN
• Court: Wyoming Supreme Court

297 P. 808

43 Wyo. 106

STATE v. GUINN

No. 1689

Supreme Court of Wyoming

March 31, 1931

APPEAL from District Court, Niobrara County; CYRUS O. BROWN, Judge.

Howard Guinn was convicted of an offense and he appeals.

Appeal dismissed.

Frank A. Barrett, Thomas O. Miller and Thomas M. Fagan for defendant and appellant.

No briefs.

Cause submitted on behalf of the State on the brief of James A. Greenwood, Attorney General; Richard J. Jackson, Deputy Attorney General, and Geo. W. Ferguson, Assistant Attorney General, of Cheyenne, Wyoming.

The only reference to a judgment and sentence against the appellant found in the record is contained at page 111. It states that Bar Docket No. 1, contains the following: "May 27, 1930--Sentence not to exceed ten years in reformatory at Worland. Appeal bond fixed at $ 1,000.00."

This is insufficient to show a judgment and sentence by the court. All judgments and orders must be entered on the journal of the court, and specify the relief granted or order made. 5900 C. S. The record is insufficient and the appeal should be dismissed.

OPINION

Per Curiam.

The State's motion to dismiss the appeal must be sustained. A record on appeal must contain a certified copy of the judgment or order appealed from. Sec. 6406, W. C. S. 1920. This appeal purports to be from the judgment imposing sentence upon a verdict of guilty in a criminal prosecution. The record contains no copy of the judgment, nor anything to show that a judgment has been entered. There is a certificate that "Bar Docket No. 1" contains the following: "May 27, 1930. Sentence not to exceed ten years in reformatory at Worland. Appeal bond fixed at $ 1000." This entry evidently is merely a memorandum or minute of the judge and not the entry of the judgment. See Barnett v. Bankers' Finance Ass'n., 38 Wyo. 511, 268 P. 1025; Lawer v. Kline, 41 Wyo. 167, 282 P. 1061.

Appeal dismissed.

Dismissed.