TaiLexi AI U.S. Case Law

Talley v. State

Tom Talley v. State.

Talley v. State, 1911 OK CR 109, 115 P. 603
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
May 16, 1911
Docket
Nos. A-611 and A-640.
Judges
Fueman, Abmsteong, Doyle
Citations
115 P. 6031911 OK CR 1095 Okla. Crim. 5281911 Okla. Crim. App. LEXIS 181
Disposition
Affirmed.
Syllabus
APPEAL — Record—Sufficiency of Case-Made. No case-made wilí be considered by this court, unless the record shows positively and affirmatively that it was served upon the county attorney within the time fixed by the ftrial court for that purpose. (Syllabus by the Court.)
Summary
Tom Talley was twice convicted of violating the prohibitory liquor law, and he appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Fueman

*529 FUEMAN, PRESIDING Judge.

On the 9th day of December, 1909, judgment was pronounced against appellant in the two above-numbered cases for violations of the prohibitory liquor law, and in each case his punishment was assessed at 30 da)'®’ confinement in the county jail and a fine of $150.

In each case he was granted 60 days within which to prepare and serve a case-made. The record shows that a case-made-ivas served on the county attorney in both of the above cases, but fails to show that it was served within the time allowed by the-trial court. This is not a compliance with the law. The record must positively and affirmatively show that the case-made was served upon the county attorney within the time fixed by the trial court for that purpose, or the case-made will be stricken from the-the record. Cohn v. State, 4 Okla. Cr. 492 , 113 Pac. 219 . The case-made in each case is therefore stricken from the record.

We find no error in the transcript of the record in either case, and both judgments are therefore affirmed.

ABMSTEONG and DOYLE, Judges, concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1913: 11921: 119132026peak 1913 · 1

Relies on it most ⓘ

  1. Mathis v. State1921 OK CR 7, 194 P. 278
  2. Philips v. State1913 OK CR 308, 136 P. 776

Most recent

  1. Mathis v. State1921 OK CR 7, 194 P. 278
  2. Philips v. State1913 OK CR 308, 136 P. 776

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Cohn v. State, 1910 OK CR 236, 113 P. 219 5

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list