Watt v. State

• Decision Date: 02 September 1919
• Docket Number: A-2514.
• Parties: WATT v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

183 P. 512

16 Okla.Crim. 352

WATT v. STATE.

No. A-2514.

Court of Criminal Appeals of Oklahoma

September 2, 1919

Syllabus by the Court.

A purported case-made, not signed and certified by the trial judge within the time limited by the statute for filing it in this court, is a nullity.

Where a convicted defendant, without laches or fault on his part loses the benefit of his exceptions as reserved in a case-made, on account of the absence of the trial judge from the state at the time the same should have been settled and signed, and until after the time limited by the statute for filing it in this court, a new trial will be granted.

It appears that orders granting extensions of time within which to prepare and serve case-made were duly entered as provided by law, which case-made was served within time, and notice given of the time for settling and signing the same; that the trial judge left the state before the day named in the notice, and remained absent until after the time limited by the statute for filing the same in this court; on the last day within the time allowed by law an appeal was taken by filing in this court a petition in error, with a certified transcript of the record and an unsigned case-made attached. It appearing that the transcript of the evidence in the case would be essential to a consideration of the errors assigned and that plaintiff in error has been prevented, without laches on his part, on account of the absence of the trial judge from the state, from having his case-made duly signed and settled, the judgment is reversed, and a new trial granted.

Appeal from District Court, Blaine County; Thomas A. Edwards, Judge.

C. F Watt was convicted of assault with intent to do bodily harm and he appeals. Reversed.

C. F. Dyer, of Enid, for plaintiff in error.

The Attorney General and R. McMillan, Asst. Atty. Gen., for the State.

DOYLE P.J.

Plaintiff in error, C. F. Watt, was convicted in the district court of Blaine county of assault with a dangerous weapon, with intent to do bodily harm, and on January 29, 1915, was sentenced to be confined in the county jail for 120 days, and to pay the costs. To reverse the judgment an appeal was taken by filing in this court on July 29, 1915, a petition in error, with a duly certified transcript of the record, and a case-made, which had not been signed and settled by the trial judge.

In addition to the various errors assigned counsel for plaintiff in error asks that the judgment be reversed and a new trial granted, because "plaintiff in error has been deprived of his constitutional right to have his trial reviewed in this court upon a case-made by reason of the absence from the state of the trial judge, who remained absent from the state until the time expired within which plaintiff in error could have had said case-made duly settled, signed, and certified as provided by law; that plaintiff in error was ignorant of the intention of the trial judge to leave the state, and was in no way responsible therefor; that his inability to procure a proper certified case-made was not through his fault."

It appears from the record that orders granting extensions of time within which to prepare and serve a case-made were duly entered as provided by law, the last order having been made on the 6th day of July, 1915, which extended the time until the 20th day of July; that said case-made was duly served and...