author: DOYLE, Judge.

text:
    JAMES WILSON v. STATE.
    No. A-543.

      Opinion Filed May 16, 1911.
    1. APPEAL AND ERROR — Failure to Argue Error — Abandonment. Assignments of error not presented in the brief or orally argued will be deemed abandoned, unless they involve fundamental error.
    2. APPEAL AND ERROR — Review—Verdict—Sufficiency of Evidence. This court will only set aside a verdict because it is contrary to the evidence, in a case where the jury have plainly decided against the evidence, or where the verdict is without evidence.
    3. CONSPIRACY — What Constitutes. A conspiracy defined generally as a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose not in itself criminal or unlawful by criminal or unlawful means.
    (Syllabus by the Court.)

      Appeal from District Court, OMahoma County; Geo. W. Ciarle, Judge.

    James Wilson was convicted of the crime of assault with intent to kill and appeals.
    Affirmed.
    Plaintiff in error James Wilson was by information charged jointly with one Shorty Jones and one Emma Prickett with assault with intent to kill one L. E. Prickett, alleged to have been committed on the 4th day of May, 1909; said L. E. Prickett being the husband of the defendant Emma Prickett. The defendant Shorty Jones entered a plea of guilty and was sentenced to serve a term of ten years in the state penitentiary. The defendants Wilson and Prickett were jointly tried. Wilson was found guilty and the jury assessed his punishment at one year and one day in the state penitentiary. The defendant Prickett was acquitted. Judgment was pronounced and entered in accordance with the verdict on July 23, 1909, and an appeal was taken by filing in this court on January 12, 1910, a petition in error and ease-made.

      The evidence on the part of the state is substantially as follows:
    L. E. Prickett testified as follows:
    “I am the husband of Emma Prickett and live at 301 Washington St., Oklahoma City, and had been working for about three months as night watchman for the Conway Company, out by the Belle Isle and "University Station in the northwest part of the city. On the night of May 4th the last thing I did was to go down 'and head off an automobile from going down on the green concrete by the station there, and I set a lamp there and went back to where another man was watching and stayed there a little bit, and then I went back to where I worked and looked around and saw nothing wrong. I took off my shoes, laid down and covered myself with an overcoat and went to sleep. I had one dollar and fifty-six cents in change in my pocket. There was a couple of axes used there around the plant. I went to bed about 12 o’clock. The last person I saw was the night watchman. I don’t know what his name is. The next thing I remember I was in St. Anthony’s Hospital, several days afterwards. I didn’t know I was badly hurt until they told me. (Witness identifies an axe as like one he has seen out there where he worked.) I never had any trouble with Jim Wilson. Had had a few words with Shorty Jones a few days before. The trouble arose over Shorty bringing a woman out to the house to dinner. I told Shorty that I wanted him to quit, but he said he had his board paid until Saturday night and wouldn’t quit until my wife told him to, but not until then. That was on Thursday before this attack on Tuesday. I told my wife I wished she would make him quit and she said: 'Wfe need the money and he is paid up> and it will all blow over in a day or two.’ ”
    On cross-examination, he stated:
    “We were married in Sichland county, Illinois; our relationship was always pleasant; we have two children; I have nothing against my wife. I had $55.00 in bills with me that night that I had placed back in the cement pile under a tarpaulin, I don’t know what became of it; I never recovered it. I always carried money that way unless I thought I had enough to bank. My wife and some of the boys seen me have money in my pocket; seen me change bills or something like that.”
    Dr. M. Smith testified that he was a practicing physician, called to St. Anthony’s Hospital to attend L. E. Prickett. He was suffering from a fractured skull; a fracture through the bottom part of the skull where it joints on the neckbone; he was bleeding at the ears and nose and also had an extensive fracture on the left side of the head; these fractures were from an inch and a half to three inches wide, all depressed and pressed down on the brain. There were two distinct abrasions of the scalp. These wounds were caused seemingly by a severe direct blow of some blunt instrument. The wounds could have been indicted with the side or back of an axe. Witness examines an axe and says that there are some spots upon it that look like blood,
    Ed. Barnes testified that his age was nineteen—
    “worked as a motorman for the street railway company; was living with the Pricketts in May, 1909; the other boarders there were Shorty Jones and John and Jim Wilson; I had known Jim Wilson since about Christmas, 1908; was at the Wilson house on May 4th, 1909, the biggest part of the day; there are four rooms in the house; I would generally get home about one o’clock at night; on the morning of May 5, 1909, I went to bed about one o’clock; was awakened about an hour afterwards by Shorty'Jones; he called Jim Wilson into my. room; he told us he had knocked Prickett in the head with an axe; he said he had put Prickett out of business and reached and caught Jim Wilson’s hand and told him how he done it; they shook hands; Shorty said he went out about 10 o’clock, but Prickett hadn’t gone to sleep, and he laid down and waited until he went to. sleep; he said he had a gun and intended to shoot him, hut he saw he wasn’t asleep, and then he got the axe and hit him four or five times and went through his pockets and then unlocked the tool box but didn’t find any money so he came on home. I saw that Shorty’s shoes had something red on them, he said he would have to burn them; he put them in the heater in the Wilson hoys’ room; he also said his pants had blood on them and he would have to burn them up; he said he hated to bum them and Jim Wilson told him to go ahead and burn the pants and he would get him a new pair. Wilson was in his night clothes. Shorty asked Jim if he had any whisky, and he said ‘no.’ After Wilson and Shorty got through talking, I think Wilson went into Mrs. Prickett’® room; I never seen him go in there, but I heard him walking and heard some talking in there afterwards. John Wilson didn’t get up> that I know of; I didn’t sleep much that night; I dozed off about daylight; I got up about seven o’clock. When I got up Mrs. Prickett, Jim Wilson, and Shorty Jones were all talking together; I don't know what they were talking about; Shorty said we wanted to keep quiet about what he had done the night before; Jim and Mrs. Prickett were present at that time. Mrs. Prickett said she was going to swear that Jones was in by 9 o'clock the night before. I, saw Shorty had the pants that morning rolled up and going toward the kitchen; I didn't see him put them in the stove. . Word was not received at the house until about 10 o'clock next morning; Mrs. Prickett wondered why she hadn't got word about him. I had seen the trouble between Shorty Jones and Mr. Prickett. Shorty had brought a woman there for dinner and Mr. Prickett claimed she was not decent and asked Shorty about it. Jim and John Wilson and Mrs. Prickett were also present at that time. I have observed the relations of Mrs. Prickett and Jim Wilson. Have seen them in bed together as many as twenty times when I would come home at night. (Witness identities two letters as in the handwriting of Mrs. Prickett, and said that Jim Wilson had shown him one of these letters and said that Mrs. Prickett wrote it. Witness also identifies two envelopes as having been addressed by Mrs. Prickett on the first morning or second morning after Prickett was hurt.) The Wilson boys had a trunk in their room; I was at the house when the officers were there; they found these letters, in the trunk; the two letters that were recently addressed were on the dresser in Mrs. Prickett's room.”
    John Hubatka, chief of police/ testified that he arrested the two Wilson boys and Shorty Jones and Mrs. Prickett; searched the Prickett residence the second day after the assault; found some letters, a pair of shoes, and two revolvers in the trunk; the letters and revolvers were found in a trunk that Mrs. Prickett said belonged to the Wilson boys; the envelopes were found on the dresser; witness identifies letter, and also shoes. “Mr. Witcher and I examined the cook stove the following morning; we found some buckles of pants and some remnants of partly burned cloth.”
    The letters found by this witness in defendant Wilson's trunk were identified by the witness Barnes as having been written by defendant Emma Prickett and having been shown him by defendant Wilson. One of the letters reads as follows:

      “Exhibit ‘O’.
    The world is round & the sea is salt & if you don’t get me it won’t be my fault. Tours, -
    (Above word's enclosed in design of a human heart.)
    “My Dear Intended:
    “Dearest of all friends: With pleasure will try and answer those loving words. If you could only read my thoughts, I wouldn’t have to write. Pardon me dear if I hurt your feelings. I hope I was mistaken any way. Oh! love, if I could only be a thous- and miles away now & you not far behind I would certainly be happy this evening. You spoke of me doubting you. Certainly no one could put much more confidence in any one than I in jura. You are all in all to me, You know I love you. No word can express my thoughts toward you. Actions speak louder than words. If I didn’t think of you as I do I would never trust you as I do now.
    “I wish old Shorty would ring off he makes me tired if we want him we will invite him to assist us. Oh Gee! Sweet Heart I am crazy. I can go to the door & look out & see you my heart nearly stops. I say to myself God bless his sweet life. I would rather tell this to you as- to write it excuse scribbling. Pardon me for being so silly. I remain as ever Your Wife. Bye Bye S. H. All the kisses and hugs to hearts content.”
    W. D. Witcher, deputy sheriff, testified in substance the same as the witness Hubatka.
    Webb Jones testified:
    “I went out to the place where Prickett was assaulted about noon of May 5th. Examined the place; there was quite a pool of blood there. The axe was found near there; it was handed to to me while I was there. After I had looked the ground over I went and had a talk with Mrs. Prickett, and she said there had never been any trouble between her husband and herself or between her husband and any one else that she knew of.”
    D. Pitts testified as follows:
    “Boarded with Pricketts from January until last of April, 1909. Jim Wilson, John Wilson, Shorty Jones, Ed-Stahl and Shorty Hammon boarded there while I did.. While I was there I saw Mrs. Prickett sitting on Jim Wilson’s lap a couple of times. I had a talk with Jim Wilson about it in April. He came to my room one night about 10 o’clock, and asked me what kind of a bunch I was trying to hand him, and I told him to come in and I would talk to him, and he came in, and that was after I had seen him and Mrs. Prickett that morning, and I Lold him I wasn’t trying to hand him any kind of a bunch, that I didn’t think it was right for him to try to break up a man’s home. A couple of days after that when I went to breakfast one morning Mrs. Prickett said she would rather I would get another place to board, that I got her up too early for breakfast, and I quit. On the last election day Mr. Prickett was drinking a little and Mrs. Prickett was mad, and I asked her what the matter was, and Shorty spoke up and said there was nothing the matter, and she turned around and said, ‘Damned if she would live with him.’ ”
    On the part of the defense, the records of the court were offered and introduced to show that codefendant Shorty Jones had pleaded guilty to the offense charged in the information. Several witnesses testified as to seeing Jones and Barnes together on the afternoon preceding the assault. Two or three character witnesses testified.
    The defendant Wilson took the stand in his own nenalf and testified that he had been boarding at Prickett’s. since about the first of the year. He denied ever having seen the letters found in his trunk marked exhibits “C” and “D”, or of ever having received them; that he had ever received any letter from Mrs. Prickett; that he was never in bed with Mrs. Prickett nor did she ever sit on his lap. That there was never any intimate relations between them; that he had no trouble with Mr. Prickett; never had any understanding or arrangements with anybody to hurt or assault Prickett; the first information that he had that Prickett had been assaulted was when Shorty Jones came in that night; when Shorty came in that night he told Barnes what he had done; that he didn’t take part in the conversation. ' Shorty called him in there; that he never told him he would buy him a new pair of pants; that if Mrs. Prickett said that she would swear that Shorty came in the night before at 9 o’clock he nevei heard it; he saw Shorty with his trousers the next morning and he said he was going to burn' them; that was between 6:30 and 7 o’clock; that he generally kept his trunk unlocked. ITe saw Shorty Jones and Ed Barnes go ont on the porch and talk the next morning.
    On cross-examination he stated:
    “One of the guns in the trunk was mine and one was my brother’s; I was a good friend of Mr. Prickett; I didn’t fell Mrs. Prickett of this plot between Jones and Barnes because I didn’t consider it my business; I didn’t know what it might be; I never noticed Jones’ condition that night when he came in; there was no conversation in my room that night by Jones before he went into Barnes’ room. John Wilson never came into the room; he never got out of bed. The first thing Shorty said to me was that he had fixed Prickett; I didn’t say anything; I didn’t know what to say; I didn’t notify the officers because it wasn’t up to me to do it; before that time I had been working for the C. 0. I). Feed Store, doing general work and clerking. I had hauled coal for them; I never told Mrs. Prickett I had burned those letters. I never knew they were in my trunk.”

      Taylor, Pruiett & Sniggs (P. G. McAdaons, of counsel), for plaintiff in error.

      Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.
   DOYLE, Judge.

Of the various assignments of error alleged in the petition, the first is the only one presented in the brief. We therefore assume that the other assignments are abandoned. “Assignments of error not presented in the brief or orally argued will be deemed abandoned.” Rea v. State, 3 Okla. Cr. 281; Lightle v. State, 2 Okla. Cr. 334; Banks v. State, 2 Okla. Cr. 339.

Counsel for plaintiff in error contend that:' “The verdict is not supported by the evidence and is contrary to law,”

Section 2045, Snyder’s Sts., provides:

“All persons concerned in the commission of crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, are principals.”

While the statute makes an accessory before the fact a principal, yet the evidentiary facts by which such accessory is to be incriminated may materially differ from those which are necessary and sufficient to convict the actual perpetrator of the crime. In this case, to incriminate the plaintiff in error, his codefend-ant Shorty Jones having entered- a plea of guilty, proof of the commission of the crime charged having been made, it was only necessary for the evidence to show that plaintiff in error aided and abetted his codefendant Jones in the commission thereof.

Upon a careful reading of the evidence in this case, there can be no doubt but that the verdict of the jury is abundantly supported, if they believed the evidence given on the part of the state. That the jury did believe the evidence on the part of the state is clearly established by the fact that they found this defendant guilty. This court has guarded with jealous care the province of the jury in criminal cases and has often declared its aversion to interference with verdicts.

“Where there is any evidence in the record from which the jury could legitimately draw the conclusion of guilt a conviction will not be set aside upon the ground that the verdict is not supported by the evidence.” (Lumpkin v. State, 5 Okla. Cr. 489; Bennefield v. U. S., 2 Okla. Cr. 44; Fuller v. Territory, 2 Okla. Cr. 86; Hendrix v. United States, 2 Okla. Cr. 240; Cox v. Territory, 2 Okla. Cr. 663; Stack v. State, 2 Okla. Cr. 697; Caples v. State, 3 Okla. Cr. 621; Rhea v. State, 3 Okla. Cr. 281; Beasley v. State, 3 Okla. Cr. 699.)

“Under our system of jurisprudence, it i.s the exclusive province of the jury to determine whether the evidence tending to prove the guilt of the defendant is so lacking in convincing force as to leave an intelligent and discriminating mind to doubt as to the truth of the charge contained in the indictment, and in reviewing' questions of fact upon appeal to the Criminal Court of Appeals, if there is a fair conflict in the evidence, or it is such that different inferences can be properly drawn from it, the determination of the jury will not be interfered with, unless it is clearly against the weight of evidence, or appears to have been influenced by passion or prejudice.” (Ingram v. State, 3 Okla. Cr. 634, 108 Pac. 552.)

Section 528 of the Code of Criminal Procedure of the State of New York authorizes the Court of Appeals, when the judgment'is of death, to order a new trial, “if it be satisfied that the verdict was against the weight of evidence, or against law, or that justice requires a new trial, whether any exception shall have been taken or not in the court below.” In the case of People v. Fish, 8 N. Y. Cr. 129, the Court of Appeals said:

“This section has been under consideration in this court several times (People v. Driscoll, 107 N. Y. 417; People v. Cignarale, 110 N. Y. 23; 6 N. Y. Crim. Rep. 62; People v. Lyons, 110 N. Y. 618; 6 N. Y. Crim. Rep. 105; People v. Kelly, 113 N. Y. 647; 7 N. Y. Crim. Rep. 40; People v. Stone, 117 N. Y. 450; 7 N. Y. Crim. Rep. 480). It does not confer upon the court power arbitrarily to grant a new trial whenever it thinks justice may require it. but its jurisdiction in such a case is to be exercised according to settled rules of law. If there is a conflict in the evidence, or different inferences may be drawn therefrom, it is the province of the jury to weigh the evidence, and determine the facts; and their determination should not be interfered with unless we can see that their determination was against the clear weight of the evidence, or was influenced in some way by passion, prejudice, mistake, perversion, or corruption.”

In the case of People v. Cignarale (supra), Andrews, J., said:

“It is a cardinal principle in our jurisprudence that the jury is the ultimate tribunal for the investigation and determination of questions of fact. It is no more the province of an appellate court than of the court of original instance to determine controverted question^ of fact arising upon conflicting evidence. Neither can lawfully usurp the appropriate function of the jury, and neither can substitute its. own judgment for that of the jury, where the facts are reasonably capable of diverse or opposing inferences.”

This court will only set aside a verdict because it is contrary to the evidence, in a case where the jury have plainly decided against the evidence, or where the verdict is without evidence.

Counsel in their brief say there is not one scintilla of evidence in the record tending to show that there . was ever any suspicion of a conspiracy between plaintiff in error and his co-defendants. Upon his own testimony plaintiff in error was guilty as an accessory under the statute. Section 2046, Snyder’s Sts., provides:

“All persons who, after the commission of any felony, conceal or aid the offender, with knowledge that he has committed a felony, and with intent that he may avoid or escape from arrest, trial, conviction, or punishment, are accessories.”

A conspiracy may be defined, generally, as a combination of two or more persons by some concerted action to accomplish some criminal or unlawful purpose, or to accomplish some purpose, not in itself criminal or unlawful, by criminal or unlawful means.

“It is not necessary that the prosecution establish beyond peradventure that the acts, declarations, or conduct of the alleged conspirators were based upon the conspiracy or in reference to the crime charged. It is sufficient if they harmonize with and tend to confirm the charge of conspiracy or show motive for the crime.” (Starr v. State, 5 Okla. Cr. 441.)

“In eases of crimes perpetrated by several persons, when once the conspiracy or combination is established, the act or declaration of one conspirator, or accomplice in the prosecution of the enterprise, is considered the act or declaration of all, and therefore imputable to all. All are deemed to assent to, or command, what is said or done by any one in furtherance of the common object. A foundation, however, must first be .laid aliunde, by proof sufficient, in the opinion of the court, to establish prima fade the fact of conspiracy between the parties; the question of such conspiracy being ultimately for the jury.” (Wharton’s Cr. Ev. [9th Ed.] sec. 698.)

“The least degree of concert or collusion between parties to an illegal transaction makes the act of one the act of all.” (State v. Anderson, 92 N. C. 747.)

A conspiracy may be and is usually shown inductively from circumstances. The incriminating circumstances which the evidence on the part of the state tends to prove was the defendant Wilson’s criminal relations with his codefendant, the wife of Prickett. This .would certainly establish motive, and the evident design of the defendant and Mrs. Prickett, for this reason, to get Mr. Prickett out of the way. Their common purpose is evidenced by her letters to this defendant. The letters disclose a common design as directly indicated by the expression in one letter: “I wish old Shorty would ring off; he makes me tired; if we want him we will invite him to assist us.” Letters written in prosecution of the common design, even if not delivered, are admissible. However, one of the letters evidently is in answer to a letter from the defendant. Also the fact that Mrs. Priekett harbored Shorty Jones against the objections of her husband after her husband tried to drive Jones away. It would also seem that Shorty Jones relied on this understanding, and after committing the crime immediately returned to the home of his victim and disclosed the particulars of the crime to the defendant- Wilson, who thereupon proposed to assist him in concealing evidence of the crime. Wilson then- in his night clothes went to Mrs. Priekett’s room and talked with her. The fact that the three .defendants held a consultation the following morning and Mrs. Priekett as a part of the conversation was heard to say that she would swear that Shorty Jones came home at nine o’clock the night before, and Shorty Jones said, “We want to keep quiet about what I have done.”

There are numerous other circumstances disclosing the common purpose and design to get rid of Priekett and defendant’s connection with the crime that cannot be explained consistent with his innocence or the innocence of Mrs. Priekett, and while the jury by their verdict acquitted Mrs. Priekett, that was their peculiar province. We cannot tell what considerations enter into a verdict returned by a jury where a woman is on trial. All natural impulses tend to favor her; here, perhaps, more for the purpose of protecting her children of tender years from disgrace. Nevertheless, if the jury made a mistake as to her, that is no reason why this defendant should not suffer the just penalty of the law.

We see no error in the record, and believing the accused had a fair and impartial trial, and that this verdict was in accordance with the evidence, the judgment of the court below is hereby affirmed.

FURMAN, PRESIDING Judge, and ARMSTRONG, Judge, concur.


source: Caselaw Access Project

author: ARMSTRONG, Judge.

license: Public Domain

text:
    O. F. FRISBY v. STATE.
    No. A-285.
    Opinion Filed February 6, 1911.
    TRIAL — Discretion of Court — Allowing Further Testimony After Close. Upon the closing- of the testimony on ¡behalf of the state and an announcement of rest by the state, and also toy the defendant for the purpose of interposing motion or demurrer, it is an abuse of discretion for the trial -court .to refuse to allow the defendant to withdraw his announcement and offer testimony in his behalf.
    ('Syllabus by the Court.)

      Appeal from Washita County Court; L. B. Sheen, Judge.

    O. F. Frisby was convicted in the county court of Washita count}!- on a charge of giving away whisky, and he appeals.
    Reversed and remanded.

      T. A. Edwards, for appellant.

      Smith C. Matson, Asst. Atty. Gen., for the State.
   ARMSTRONG, Judge.

0. F. Frisby was convicted in the county court of Washita county on the 19th day of January, 1908, on the charge of giving away whisky. At the trial the state’s testimony was introduced and the state rested. Whereupon the appellant announced that he rested and interposed what he terms a demurrer to the evidence of the state. It was overruled by the court. The appellant thereupon asked leave to withdraw his announcement, and the court refused to allow him this privilege. He offered to introduce evidence in his behalf, which was also denied by the court, and the appellant excepted. There are a number of assignments of error in the record; the only ones we deem it necessary to consider are numbers five and six, which raise this particular question. The demurrer to the evidence was not the proper step. What the appellant clearly intended was to have the court advise the jury to return a verdict of not guilty. When the court had refused the relief asked for he should have permitted the appellant to offer testimony in his behalf, and we think it was clearly an abuse of discretion to deny him this right. The appellant filed a motion for a new trial and set this np as one of his grounds, which motion was overruled and he excepted. This motion should have been sustained. It was error in the Gourt to overrule it.

The judgment is reversed, and the cause remanded, with directions to the court below to grant a new trial.

FURMAN, PresidiNG Judge, and DOYLE, Judge, concur.


author: PER CURIAM:

text:
    MILTON CARTER v. STATE.
    No. A-305.
    Opinion Filed January 18, 1911.
    Conviction for violation of the prohibition law. Pined $150 and sentenced to 30 days’ confinement in the county jail.
   PER CURIAM:

The evidence in this case is altogether insufficient to support, the verdict. The judgment is reversed and remanded, with direction jo the county attorney to dismiss this prosecution unless he can produce additional proof of the defendant’s guilt.


text:
    ELISHA BLACK v. STATE.
    No. A-292.
    Opinion Filed February 6, 1911.
    Appeal from McClain County Court; E. E. Glaseo, Judge.
    The appellant was convicted of selling intoxicating liquors in the county court of McClain county, and appeals.
    Reversed and remanded.
    H. S. Pulsen and B. P. Wolf, for appellant.
   ARMSTRONG, Judge.

The appellant, Elisha Black, was indicted (by the grand jury of McClain county on a charge of selling intoxicating liquors, was tried in the county court and convicted on May 10, 1909, and sentenced to pay a fine of $150 and be confined in the county jail for thirty days, and appeals to this court for a reversal of the judgment.

This court has repeatedly held that it is error for the trial court to single out the defendant and instruct the jury as to the credibility of his testimony. In the case of Banks v. State, 2 Okla. Cr. 339, in discussing this question the court said:

“The credibility of any witness in a case is proper subject of argument by counsel in the case and must be submitted to the jury unhampered by any suggestion from the trial court.”

See, also, Green v. U. S., 2 Okla. Cr. 55, 100 Pac. 112; Fletcher v. State, 2 Okla. Cr. 300, 101 Pac. 599.

The only evidence in this case bearing upon the question of this sale was the evidence of the prosecuting witness and that of the defendant, and under such circumstances the trial court should ■have been especially careful to avoid a charge upon the credibility of the defendant’s testimony. For the error committed in giving the instruction complained of, and for the reasons -herein set forth, the case is reversed and remanded, with directions to the court "below to grant the appellant a new trial.

FURMAN, Presiding Judge, and DOYLE, Judge, concur.


author: PER CURIAM.

text:
    SAM REMER v. STATE.
    No. A-332.
    Opinion Filed February 6, 1911.
    Appeal from Comanche County Court; J. H. Wolverton, Judge.
    The appellant, Sam Remer, was convicted in the county court of Comanche county on a charge of selling intoxicating liquor, and he appeals.
    Affirmed.
    Ray & Cunningham, for appellant.
   PER CURIAM.

Upon a careful examination of the record in this case we And no- 'errors prejudicial to the rights of the appellant. The judgment of the lower court is therefore affirmed.


text:
    A. J. DROKE v. STATE.
    No. A-366.
    Opinion Filed February 6, 1911.
    Appeal from Coal County Court; R. H. Wells, Judge.
    The appellant, A. J. Droke, was convicted in the county court of -Coal county on a charge of having unlawful possession of intoxicating liquor, and he appeals.
    Affirmed.
    Cutler, Trice & Mclrinis, for appellant.
   PER CURIAM.

Upon a careful examination of the record in this case we And no errors prejudical to the rights of the appellant. The judgment of the court below is therefore affirmed.


text:
    T. M. SPEECE v. STATE.
    No. A-388.
    Opinion Filed February 6, 1911.
    Appeal from Canadian County Court; (Eft L. Fogg, Judge.
    The appellant was convicted in the county court of Canadian county on a charge of selling intoxicating liquors, and' he appeals.
    Affirmed.
    J. M. Frame and Roberson & Roberson, for appellant.
   PER CURIAM.

No error appearing in the record prejudicial to the rights of the appellant, the judgment of the court below is affirmed.


text:
    JOHN ORNEL v. STATE.
    No. A-367.
    Opinion Filed February 6, 1911.
    Appeal from Coal County Court; R. H. Wells, Judge.
    The appellant, John Ornel, was convicted in the county court of Coal county, in August, 1909, on a charge of having unlawful possession of intoxicating liquors, and he appeals.
    Affirmed.
    Cutler, Trice & Mclnnis, for appellant.
   PER CURIAM.

Upon a careful examination of the record in this case we find no errors prejudicial to the rights of the plaintiff in error. The judgment of the lower court is therefore affirmed.


text:
    JOSEPH JACOBS v. STATE.
    No. A-390.
    Opinion Filed February 6, 1911.
    Appeal from Canadian County Court; H. L. Fogg, Judge.
    The appellant was convicted in the county court of Canadian county on a charge of selling intoxicating liquor, and he appeals.
    Affirmed.
    J. M. Frame, and Roberson & Roberson, for appellant.
   PER CURIAM.

No error appearing in the record prejudicial to the rights of the plaintiff in error, the judgment of the court below is affirmed.


author: PER .CiURIAM.

text:
    JOSEPH JACOBS v. STATE.
    No. A-391.
    Opinion Filed February 6, 1911.
    Appeal from Canadian County Court; H. L. Fogg, Judge.
    The appellant was convicted in the county court of Canadian county on a charge of selling intoxicating liquor, and he appeals.
    Affirmed.
    J. M. Frame, and Roberson & Roberson, for appellant.
   PER .CiURIAM.

No error appearing in the record prejudicial to the rights- of the plaintiff in error, the judgment of the lower court is affirmed.


text:
    OTHO TUCKER v. STATE.
    No. A-405.
    Opinion Filed February 6, 1911.
    Appeal from Stephens County Court.
   PER CURIAM.

Appellant was convicted in the county court of Stephens county for a violation of the prohibition law. He appealed to this court. Counsel for appellant have filed a motion praying that .the appeal be dismissed, which is accordingly granted, and the appeal is dismissed.


text:
    S. E. SILLIX v. STATE.
    No. A-172.
    Opinion Filed February 6, 1911.
    Appeal from Pittsburg County Court; R. W. Higgins, Judge.
    The plaintiff in error was convicted in the county court of Pitts-'burg county for a violation of the liquor law, and he appeals.
    Affirmed.
    J. G. Harley, for plaintiff in error.
   PER CURIAM.

Upon a careful examination of the record in this -cause, we find no errors prejudicial to the rights of the plaintiff in error, and the judgment of the court below is therefore affirmed.


text:
    ALLEN BLACK v. STATE.
    No. A-317.
    Opinion Filed February 6, 1911.
    Appeal from Beaver County Court; J. W. Culwell, Judge.
    The appellant was convicted of selling intoxicating liquor in the county court of Beaver county, and appeals.
    Affirmed.
    A. S. Dickson and P. S'. Macy, for appellant.
   PER CURIAM.

The record in this case discloses no material error prejudicial to the rights of the plaintiff in error, and the judgment of the court is affirmed upon authority of Rea v. State, 3 Okla. Cr. 281, and authorities there cited.


text:
    RALPH BROWN v. STATE.
    No. A-272.
    Opinion Filed February 6, 1911.
    Appeal from Payne County Court; P. D. Mitchell, Judge.
    Ralph Brown was convicted in t)he county court of Payne county, on a charge of unlawfully conveying intoxicating liquor, and appeals.
    Affirmed.
    Freeman E. Miller, for appellant.
   PER CURIAM.

Upon a careful examination of the record in this case we are satisfied that the judgment should be affirmed and it is so ordered.


text:
    MORT DOTY v. STATE.
    No. A-403.
    Opinion Filed February 6, 1911.
    Appeal from Custer County Court; R. P. Phillips, Special Judge.
    Plaintiff in error was convicted in the county court of Custer county, for violation of the liquor law, and appeals.
    Affirmed.
    J. W. Lawter, for plaintiff in error.
   PER CURIAM.

Having carefully examined the record in the above cause, and finding no errors therein .prejudicial to the rights of the plaintiff in error, the judgment of the lower court is affirmed.


text:
    D. L. MOOREHEAD v. STATE.
    No. A-409.
    Opinion Filed February 6, 1911.
    Appeal from 'Ellis County Court; A, E. ’Williams, Judge.
    Plaintiff in error was convicted in the county court of Ellis county, on a charge of disturbing the public peace, and he appeals.
    Affirmed.
    Charles Swindall, for plaintiff in error.
   PER CURIAM.

Having carefully examined the record in this cause, we believe that the judgment should toe affirmed, and it is so ordered.


text:
    W. H. SHAWLER v. STATE.
    No. A-451.
    Opinion Filed February 6, 1911.
    Appeal from Tillman County; T. E. Campbell, County Judge.
    Appellant was convicted for permitting gambling in a room controlled by him.
   PER CURIAM.

Neither the case-made nor the transcript of the record are signed or certified to by the county judge of Tillman county or by the clerk of said court. We must therefore dismiss this appeal, with directions to the county court of Tillman county to proceed with the execution of the judgment.


text:
    A. P. BROWN v. STATE.
    No. A-211.
    Opinion Filed February 6, 1911.
    Appeal from Bryan County Court.
   PER CURIAM.

Appellant was convicted for a violation of the prohibition law and sentenced to imprisonment in the countjr jail of Bryan county for a period of 30 days and was fined $100. Appellant has applied to the Governor for a parole. This operates as an abandonment of the appeal. The appeal is therefore dismissed.


text:
    RED FOX v. STATE.
    No. A-419.
    Opinion Filed February 6, 1911.
    Appeal from Murray County Court; H. W. Fielding’, Judge.
    Plaintiff in error was convicted in the county court of Murray county, on a charge of selling, intoxicating liquor, and appeals.
    Affirmed.
    Ira M. Roberts, for plaintiff in error.
   PER CURIAM.

Upon a careful examination of the record in this cause, we find no errors prejudicial to the rights of the plaintiff in error, and the judgment of the court below is therefore affirmed.


text:
    FRANK ALRED v. STATE.
    No. A-496.
    Opinion Filed February 6, 1911.
    Appeal from Beckham County; John C. Hendrix, County Judge.
    Defendant was convicted for gambling. His punishment was assessed at a fine of $'200 and confinement in the county jail for a period of 120 days. Defendant appealed.
    Affirmed.
    Smith C. Matson, Asst. Atty. Gen., for the State.
   PER CURIAM.

The record was filed in this case in this court on the 20th day of December, 1909. No brief has been filed or appearance made by counsel on behalf of appellant. The Attorney General has filed a motion to affirm this case for want of prosecution. We find no material errors in the record and the judgment of the lower court is therefore affirmed, with directions to the county court of Beckham county to proceed with the execution of the judgment.


author: PEE, CURIAM.

text:
    W. H. PRICE v. STATE.
    No. A-399.
    Opinion Filed February 6, 1911.
    Appeal from District Court, Murray County; R. McMillan, Judge.
    The appellant, W. H. Price, was convicted in the district court of Murray county, and appeals.
    Affirmed.
    J. P. Lockwood, for appellant.
   PEE, CURIAM.

This appellant was convicted at the August, 1909, term of' the district court of Murray county, on a charge of disposing of mortgaged property. A motion for a new trial and also a motion in arrest of judgment were filed, both, of which were overruled and exception saved. The record in this case is in a very unsatisfactory condition. It is hard to get an intelligent idea of appellant’s contentions. There is no brief filed for the state nor for the appellant. The appellant has, however, filed a typewritten statement of his contentions in the trial court which is of no value whatever on this appeal.

A careful examination of what purports to be the record in this case discloses that the appellant, sometime in the fall of 1908, purchased a crop from one Singleton; that be borrowed the money from the First National Bank of Davis, Oklahoma, to pay for the same, which amounted to about $360. The crop appears to have consisted wholly of corn, the uncontroverted testimony showing that it amounted to more than a thousand bushels. The appe’lant disposed of the com and paid $60 on the note. The record shows that the mortgage was duly executed and filed of record and that the holders thereof never released the same or authorized the sale of the property covered by it.

The indictment charges that the offense was committed in Murray county, Oklahoma, and the proof shows the same. The case w?s submitted to a jury and, so far as we are able to determine, under fair instructions from the court, and the jury returned a verdict of guilty and assessed the punishment of the appellant at six months in jail. A clear case of disposing of mortgaged property was made against the appellant by the evidence in the court below, even on his own testimony. We think the judgment should be affirmed, and it is so ordered


text:
    WARD NEELEY v. STATE.
    No. A-212.
    Opinion Filed February 6, 1911.
    Appeal from Bryan County Court.
   PER CURIAM.

Appellant was convicted for a violation of the prohibition liquor law and his punishment was assessed at a fine of $50 and 30 days’ imprisonment in jail. The officers who arrested appellant found a bottle of whisky about one-half full on the person of the appellant. Appellant told the officers that he brought the whisky with him from Bokchito, which was some five or six miles from the place where the arrest was made. According to appellant’s own admission he was guilty of violating the prohibition law. The other evidence in the case becomes immaterial in view of defendant’s admission. The judgment of the lower court is therefore affirmed.


text:
    W. F. FERNEAU v. STATE.
    No. A-426.
    Opinion Filed February 6, 1911.
    Appeal from Woodward County Court; T. L. O’Bryan, Judge.
    W. F. Ferneau was convicted in the county court of Woodward county, on a charge of unlawfully conveying intoxicating liquor, and appeals.
    Affirmed.
    Chas. Swindall, for appellant.
    Fred S'. Caldwell for appellee.
   PER CURIAM.

From a careful examination of the record in this case it is very clear that the judgment of the cour£ below was well founded and just, and that there are no errors in this record which deprived the appellant of any substantial right. We do not feel warranted in reversing this case. The judgment is therefore affirmed.


text:
    BERT WAITS v. STATE.
    No. A-289.
    Opinion Filed February 6, 1911.
    Appeal from Wagoner County Court; W. T. Drake, Judge.
    Bert Waits was convicted in the county court of Wagoner county, on the 17th day of May, 1909, for selling intoxicating liquors, and appeals.
    Appeal dismissed.
    Chas <3-, Watts and Leon B. Fant, for appellant.
   PER CURIAM.

The appellant was convicted in the county court of Wagoner county, on the 17th day of May, 1909, on the charge of selling intoxicating liquors, and was sentenced on the 1st day of June, 1909, to pay a fine of $100 and. serve sixty days in the county jail. The appellant was informed -by the county court of his right of appeal, and asked sixty days in which to make and serve case-made. His 'bond was fixed at $60>0, which was given and approved. The record in this case shows that the case-made was served in time, but fails to show the service of any notice of appeal on the county attorney and the clerk of the county court as required by law. By reason of this defect this court is without jurisdiction to review this case on appeal, and the same is dismissed.


text:
    MRS. I. H. FOSSETT v. STATE.
    No. A-410.
    Opinion Filed February 6, 1911.
    Appeal from 'Custer County- Court; A. H. Latimer, Judge.
    Appellant was convicted in the county court of Custer county, on a charge of selling intoxicating liquor, and appeals.
    Affirmed.
    Holcomb & Bulow, for appellant.
   PER CURIAM.

Finding no material errors, prejudicial to the rights of the plaintiff in error in this case, the judgment of the court below is affirmed.


text:
    M. L. RASCOE v. STATE.
    No. A-319.
    Opinion Filed February 6, 1911.
    Appeal from Potta-watomie County Court; E. U- Reasor, Judge.
    Freeling & Hood, for appellant.
   PER CURIAM.

Upon a careful consideration of the record in this case we believe the judgment of the court below should be affirmed, and it is so ordered.


text:
    J. W. AULT v. STATE.
    No. A-320.
    Opinion Filed February 6, 1911.
    Appeal from Kiowa County Court; J. W. Mansell, Judge.
    J. "W. Ault was convicted in the county court of Kiowa county, on a charge of unlawfully transporting whisky, and appeals.
    Affirmed.
    Thos. W. Connor, for the appellant.
   PER CURIAM.

An examination of the record discloses no errors sufficient to justify a reversal of this cause; it is therefore affirmed.


text:
    WILSON HARDIN v. STATE.
    No. A-364.
    Opinion Filed February 6, 1911.
    Appeal from Greer County 'Court; Jarrett Todd, Judge.
    Plaintiff in error was convicted in the county court of Greer county, on a charge of selling intoxicating liquor, and appeals.
    Affirmed.
    Garrett & Stewart, for appellant.
   PER CURIAM.

Finding no error in this record, prejudicial to the rights of the plaintiff in error, the judgment of the court below is affirmed.


author: PER. CURIAM.

text:
    MILTON A. BROWN v. STATE.
    No. A-345.
    Opinion Filed February 6, 1911.
    Appeal from Greer Counts'- Court; R. H. Wells, Judge.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.
    Cutler, Trice & Mclnnis, for .plaintiff in error.
   PER. CURIAM.

Milton A. Brown, plaintiff in error was tried and convicted in the county court of Coal county, upon an information which charged, two offenses; the carrying of a deadly weapon with intent of injuring his fellowman, and in the same count, also charging him with, the offense of pointing a deadly weapon at another .person. The Attorney General has filed a confession of error in this case for the reason that the information is duplicitous and that the court erred in overruling the demurrer to the same. This identical question presented was passed upon 'by this court in the case of Gretti v. State, 4 Okla. Cr. 574. Our conclusion is that the confession of error is well founded and should be approved. The judgment is therefore reversed, and the cause remanded to the county court of Coal count -


text:
    LON SALING v. STATE.
    No. A-914.
    Opinion Filed February 6, 1911.
    Appeal from Pottawatomie County Court.
   PER CURIAM.

Appellant was convicted of selling liquor to a. minor and sentenced to three years’ imprisonment in the penitentiary. The attorneys who prosecuted this appeal for the appellant have filed in this court the following motion, to wit:

“That the plaintiff in error desires to dismiss this appeal and no further prosecute the same ¡before the Criminal Court of Appeals. He therefore moved the court to dismiss this appeal for want of prosecution and certify the same hack to the district court for final judgment. Signed, Cutlip & Maben, Attorneys for Appellant.”

This motion is sustained and the appeal is hereby dismissed.


text:
    JOE PRICE v. STATE.
    No. A-452.
    Opinion Filed February 6, 1911.
    Appeal from Bryan County Court; Charles A. Phillips, Judge.
    Appellant was convicted for escaping from the jailor of Bryan county and his punishment was assessed at six months’ confinement in the county jail, and he appeals.
    Affirmed.
    Smith C. Matson, Asst. Atty. Gen., for the State.-
   PER CURIAM.

There has been no appearance of counsel for appellant m this court. It appears that counsel for appellant has abandoned his appeal in this case. There is no material error in the record. The motion of the Attorney General to affirm this case for want of prosecution is therefore sustained and th's case is affrmed, with directions to the counts’- court of Bryan county to proceed with the execution of the judgment.


text:
    LEWIS CARNES v. STATE.
    No. A-412.
    Opinion Filed February 6, 1911.
    Appeal from District Court, Haskell County; Malcolm E. Rosser, Judge.
    Appellant was convicted of assault with intent to murder and his punishment was assessed at 21 months imprisonment in the penitentiary at McAlester.
   PER CURIAM.

The attorneys for appellant have filed a motion to dismiss this appeal, which motion is by the court sustained and the appeal is hereby dismissed.


author: HER CURIAM.

text:
    D. ALLEN v. STATE.
    No. A-378.
    Opinion Filed February 6, 1911.
    Appeal from Coal County Court; R. H. Wells, Judge.
    I). Allen was convicted of the offense of practicing medicine and Surgery without a license and certificate, and sentenced to pay a fine of one hundred dollars.
    Cutler, Trice & Mclnnis, for plaintiff in error.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.
   HER CURIAM.

The Attorney General confesses error in this case, for the reason, among others, that the testimony offered fails to show the commission of an offense. From a careful examination of the record our conclusion is -that the confession of error is well founded and should be approved and the judgment reversed. The judgment is therefore reversed, and the cause remanded to the county court of Coal county, with direction to dismiss the case.


text:
    Ex parte GEO. BALDWIN.
    No. A-829.
    Opinion Filed March 7, 1911.
    Original Proceeding by Writ of Habeas Corpus.
    Application of Geo. Bal win for writ of habeas corpus.
    Writ dismissed.
    Charles Swindell and C. B. Leedy, for petitioner.
    Burford & Burford and W. H. Springifield, for respondent.
   PER CURIAM.

This is an original habeas corpus action filed by petitioner. Geo. Baldwin, seeking to be released under a commitment issued by the town justice of the peace of Arnett, Ellis county, Oklahoma. The return of the officer shows that on the 9th day of July, 1910, A. J. Miller, town marshal of said town, incarcerated the said Geo. Baldwin in the town jail of Arnett, and there kept the said Geo. Baldwin for the space of about three hours, when, owing to the heat and uncomfortableness of the said jail, he allowed the said George Baldwin his freedom from said jail and allowed him to go to his home and place of business. That since 'his release on the 9th day of July, the said Geo. Baldwin has been constructive]y in his care. This court has repeatedly held that a writ of habeas corpus will not lie to release a person who is not in actual ' custody. The petitioner in this case not having- ¡been in actual custody at the time the writ herein was granted, as shown by the return, and in no way denied, the writ is dismissed. Ex parte Messall, 2 Okla. Cr. 687.


author: ■PER CURIAM.

text:
    ED. SMITH v. STATE.
    No. A-373.
    Opinion Filed March 7, 1911.
    Appeal from Coal County Court; R. H. Wells, Judg-e. '
    Ed. Smith was convicted in the county court of Coal county for carrying concealed weapons, and appeals.
    Affirmed.
    J. G. Ralls, and C. M. Threadgill, for appellant.
    Charles West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for appellee.
   ■PER CURIAM.

A careful investigation of the record in this case shows that the appellant was properly tried and convicted in the court below. The only question worthy of consideration here was settled 'by the Supreme Court of this state in the case of Ex parte Thomas, in an opinion by Mr. Justice Dunn, found in 1 Okla. Cr. 210, 97 Pac. 260. The doctrine established in the Thomas case was specifically approved by this court in the case of State v. Homer Jones, 3 Okla. Cr. 412, 106 Pac. 351. The judgment of the court below is affirmed.


text:
    FRANK LONG v. STATE.
    No. A-393.
    Opinion Filed March 7, 1911.
    Appeal from Cherokee County Court; J. T. Parks, Judge.
    Prank Dong was convicted of carrying concealed weapons in the county court of Cherokee county, and appeals.
    Affirmed.
    Bruce D. Keenan, for appellant.
    Charles West, Atty. Gen., and Smith -C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

A careful examination of the record in this case fails to disclose any material errors prejudicial to the substantial rights of the appellant. The judgment of the court below is therefore affirmed.


text:
    E. E. ANDREWS v. STATE.
    No. A-377.
    Opinion Filed March 7, 1911.
    Appeal from Kiowa County Court; J. W. Mansell, Judge.
    E. E. Andrews was convicted of violating the prohibitory law in the county court of Kiowa county, and he appeals.
    Reversed.
    Thos. W. Conner, for appellant.
   PER CURIAM.

A careful examination of the record in this case shows that the proof does not sustain the verdict and the judgment of the trial court is reversed.


author: PER iOURIAM.

text:
    DON B. LAWHEAD v. STATE.
    No. A-302.
    Opinion Filed March 7, 1911.
    Appeal from Seminole County Court; T. S. Cobh, Judge.
    Don B. Lawhead was convicted of criminal libel, and he appeals.
    Reversed.
    W. T. Williams, for plaintiff in error.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst Atty. Gen., for the State.
   PER iOURIAM.

Plaintiff in error was convicted and fined one hundred dollars and sentenced to be imprisoned in the county jail for a period of thirty days, upon an information which charged that he did compose, dictate, and procure the publication of an unprivileged publication by falsely and maliciously stating to, for the purpose of publication, a representative of the Oklahoma City Times, a daily newspaper, printed and published in Oklahoma City, having a general circulation within the state of Oklahoma and Seminole county, the name of the representative of said paper being to the county attorney unknown, the following article which is in letters and figures as follows:

The alleged libelous publication as it is set out in the information consists of what purports to be a special dispatch to the Times from Wewoka.

The only testimony received in the case was that of the prosecuting witness and a newspaper reporter, who testified in substance that he did not know the defendant; that witness composed and wrote said article from a conversation had over the telephone from some one who purported to be Don B. Lawhead; that the conversation was held while witness was at Oklahoma City, and the other party in Wewoka.

The Attorney General has filed a confession of error, supported by an extensive and elaborate argument.

We deem it unnecessary to comment further than to say that from a careful examination of the record we are of opinion that the confession of error is well founded. The information is defective and the evidence offered on the part of the state wholly fails to connect the defendant with the offense attempted to be charged. It is evident that this prosecution is without merit.

Wherefore the judgment is reversed and the cause remanded to the county court of Seminole county, with direction to dismiss.


author: PER iGURIAM.

text:
    M. W. MASK v. STATE.
    No. A-209.
    Opinion Filed March 7, 1911.
    Appeal from Kiowa County Court; I. W. Mansell, Judge.
    M. W. Mask was convicted of having possession of intoxicating liquors for the purpose of selling the same, and appeals.
    Reversed and remanded.
    Ernest M. Bradley, for appellant.
   PER iGURIAM.

A careful examination of the record in this case shows that the defendant was not tried before a fair and impartial jury. Por the reasons given in the case of Mask v. State, No. A-208 (ante), decided at this term and under authorities there cited, this case is reversed and a new trial awarded.


text:
    W. S. TANNER v. STATE.
    Nos. A-713, A-827.
    Opinion Filed March 21, 1911.
    Appeal from Coal County Court; R. K. Wells, Judge.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.
   PER CURIAM.

W. ‘S. Tanner, plaintiff in error, was convicted in the county court of Coal county for a violation of -the prohibition law in two cases. Appeal was taken to this court in each case. The Attorney General has filed motions to dismiss said appeals,- for, the reasons as in the case of W. S. Tanner v. State (ante). The motions present the same questions. Por the reasons given in the opinion in that case, the motions to dismiss the appeals are granted and the causes are hereby remanded to the county court of Coal county, with direction to enforce the judgment and sentence in each case.


text:
    SAM COOK v. STATE.
    No. A-526.
    Opinion Filed March 21, 1911.
    Appeal from Grady County Court; N. M. Williams, Judge.
    Bond & Melton and Gilbert & Bond, for appellant.
    Fred S. Caldwell, for appellee.
   PER CURIAM.

Judgment was pronuonced against the appellant on the 2nd day of November, 1909, for violating the prohibitory liquor law and he was sentenced to pay a fine of $60' and serve 30 days’ imprisonment in the county jail. Under the law parties convicted of misdemeanors are required to perfect their appeals within 60 days from the date of the judgment, provided that the trial judge has the power to extend the time for perfecting the appeal to 120 days. But no such extension of time was granted in this case. There are 31 days in December. Therefore the time allowed by law within which the appeal should have been perfected in this case expired on the 1st day of January, 19.10. But the case-made was not filed in this court until the 4th day of January, 1910, which was three days after the time allowed had expired. We therefore cannot do otherwise than dismiss this appeal for the want of jurisdiction. For a full discussion of this question, see Farmer v. State (ante), decided at the January term of this court.


text:
    S. R. FORNEY v. STATE.
    No. A-505.
    Opinion Filed March 21, 1911.
    Appeal from Osage County Court; C. T. Bennett, Judge.
    Plaintiff in error was convicted in the county court of Osage county, on a charge of violating the prohibitory law, and appeals.
    Appeal dismissed.
    Boone, Leahy & MacDonald, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

This case was tried in the county court of Osage county, and upon a verdict of guilty the plaintiff in error was sentenced, on the 24th day of September, 1909, to .pay a fine of $100 and be confined in the county jail of Osage county for three months. Upon this date the plaintiff in error was given sixty days to make and serve case-made. No time was fixed by the court extending the time in which to file the appeal, as provided by the statute. Section 6948, Snyder’s Comp. Laws of 1909, provides that the appeal must be filed within sixty days from the date of the judgment unless for good cause shown the court extends the time, and under this section of the statute it cannot he extended more than sixty days. The appeal in this case was filed on December 24th, thirty-one days too late. There are other defects in the record, hut for this defect, which is fatal, the appeal will have to be dismissed, and it is so ordered.


text:
    EARL McCOY v. STATE.
    No. A-506.
    Opinion Filed March 21, 1911.
    Appeal from Osage County Court; C. T. Bennett, Judge.
    Plaintiff in error was convicted in the county court of Osage county on a charge of violating the prohibitory law, and appeals.
    Appeal dismissed.
    Boone, Leahy & MacDonald, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

On the 25th day of September, 1909, after having been convicted by a jury for violating the prohibitory law, this plaintiff in error was sentenced by the court to pay a fine of $500 and serve six months in the county jail. At this time the plaintiff' in error was allowed sixty days within which to make and serve case-made. No time was fixed within which to file petition in error in this court or extending the time allowed by the statute, and no subsequent order appears in the record, allowing such extension. The appeal was filed on the 24th day of December, 1909, thirty days after the time had expired within which the law requires it to be filed. There are other defects in the record, but for the failure to file the appeal in the time allowed by section 6948, Snyder’s Statutes, the appeal will have to be dismissed* and it is so ordered.


author: PER. 'CURIAM.

text:
    TOM WATTS v. STATE.
    No. A-520.
    Opinion Filed March 21, 1911.
    Appeal from Grady County Court; N. M. Williams, Judge.
    Appellant was convicted in the county court of Grady county on a charge of violating the prohibitory law, and appeals.
    Appeal dismissed.
    Garrett & Mathews, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER. 'CURIAM.

This is an appeal by case-made from the county court of Grady county. The case-made was not served within the time allowed by the court, and not filed in the county court, and not filed in this court in the time allowed by law. The appeal will therefore be dismissed.


text:
    W. F. SHELTON v. STATE.
    No. A-436.
    Opinion Filed March 21, 1911.
    Appeal from Greer County Court; Jarrett Todd, Judge.
    W. P. Shelton was 'convicted of selling intoxicating liquors in the county court of Greer county, and appeals.
    Appeal dismissed.
    John Evans, Jr., and C. G. Hornor, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

The case-made in this case wa.s not served on the county attorney nor the appeal filed in the office of the clerk of this court within the time allowed by the trial court. It is necessary for the case-made to be served on the county attorney within the time allowed toy the trial court and for the appeal to be filed in this court within the time allowed, and when either of thesg requirements is not complied with this court is without jurisdiction to determine. the appeal on its merits, and under repeated holdings heretofore had the appeal will have to toe dismissed. Appeal dismissed.


text:
    WARD SIES v. STATE.
    No. A-485.
    Opinion Filed March 21, 1911.
    Appeal from Jefferson County Court; G. M. Bond, Judge.
    Ward Sies was convicted in the county court of Jefferson county on a charge of selling intoxicating liquor and appeals.
    Judgment affirmed.
    J. H. Harper, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

The case-made was never filed in the court below as required by section 69-51, Snyder’s ’Statutes, and upon the suggestion of the Assistant Attornes' General it is stricken from the record. No error prejudicial to the rights of the .plaintiff in error appearing in the transcript, the judgment of the court below is affirmed.


text:
    GEORGE ANDREWS v. STATE.
    No. A-486.
    Opinion Filed March 21, 1911.
    Appeal from Jefferson County Court; G-. M. Bond, Judge.
    George Andrews was convicted for violating the prohibitory law. and appeals.
    Appeal dismissed.
    J. H. Harper, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

The appeal in this case was filed with the clerk of this court on the 14th day of December, 1909. The county court of Jefferson county, on the 8th day of November, 1909, made an order extending the time within which to make and serve ease-made, and fixed the time for filing the appeal in this court at sixty days from the 4th day of October, 1909. The appeal not having been filed until after the expiration of the time allowed by the court, we are without jurisdiction to consider it, and under repeated holdings it will have to be dismissed, and it is so ordered.


text:
    FRANK SPARKS v. STATE.
    No. A-487.
    Opinion Filed March 21, 1911.
    Appeal from Jefferson County Court, G. M. Bond, Judge.
    Prank Sparks was convicted of violating' the prohibitory law, and appeals
    Appeal dismissed.
    J. H. Harper, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

This is a case appealed by case-made and transcript from the county court of Jefferson county. The case-made, with petition in error, was filed in this court on the 14th day of December, 1909. The county judge of Jefferson county, on the 8th day of November, 1909, gave the plaintiff in error ten days from that date to perfect his case-made, and at the same time made an order that the appeal should be filed in this court within sixty days from the 4th day of October. This would have required the filing of the appeal on or before the 3rd day of December, 1909. The appeal not having been filed within the time allowed, this court has no jurisdiction to consider it. It is therefore dismissed.


text:
    BILL BARKER v. STATE.
    No. A-517.
    Opinion Filed March 21, 1911.
    Appeal from Superior Court, Muskogee County; Parrar L. McCain, Judge.
    Appellant was convicted in the superior court of Muskogee county, on a charge of violating the prohibitory law, and appeals.
    Reversed and remanded.
    DeRoos Bailey and J. E. Wyand, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

This is a companion case to No. A-515, J. C. Collins v. State, decided at this term, and for the reasons therein given this cause is reversed and remanded with directions to the court below to grant the appellant a new trial.


author: PER CURIAM

text:
    BILL BARKER and ED. BRUNSON v. STATE.
    No. A-518.
    Opinion Filed March 21, 1911.
    Appeal from Superior ¡Court, Muskogee County; Farrar L. McCain, Judge.
    Appellants were convicted in the superior court of Muskogee county, on a charge of violating the prohibitory law, and appeal.
    Reversed and remanded.
    DeRoos Bailey and J. E. Wyand, for appellants.
    Smith iC. Matson,' Asst. Atty. Gen., for appellee.
   PER CURIAM

This is a companion case to No. A-515, J. C. Collins v. State, decided at this term, and for the reasons therein given this cause is reversed and remanded, with directions to the court below to grant the appellants a new trial.


text:
    JOHN DOUGLAS v. STATE.
    No. A-516.
    Opinion Filed March 21, 1911.
    Appeal from Superior Court, Muskogee County; Farrar L. McCain, Judge.
    Appellant was convicted in the superior court of Muskogee county, on a charge of violating the prohibitory law, and appeals.
    Reversed and remanded.

      DeRoos Bailey and J. E. Wyand, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for appellee
   PER CURIAM.

This is a companion case to No. A-515, J. C. Collins v. State, decided at this term, and for the reasons therein given this cause is reversed and remanded, with directions to the court ■below to grant the appellant a new trial.


text:
    GEORGE LEDGERWOOD v. STATE.
    No. A-431.
    Opinion Filed March 21, 1911.
    Appeal from Comanche County Court; James H. Wolverton, Judge.
    Appellant was convicted in the county court of Comanche county on a charge of violating the prohibitory law, and he appeals.
    Affirmed.
    Hamon & Ellis, for appellant.
    Fred S. Caldwell, for appellee.
   PER CURIAM.

The case-made in this case was not filed in the county court of Comanche county and is therefore stricken from the record. Counsel for appellant urge no errors as disclosed by the transcript, and finding none depriving the appellant of a substantial right, the judgment of the court be'ow is affirmed.


text:
    GEORGE LEDGERWOOD v. STATE.
    No. A-432.
    Opinion Filed March 21, 1911.
    Appeal from Comanche County Court; James HI Wolverton, 'udge.
    Appellant was convicted in the county court of Comanche county on a charge of violating the prohibitory law, and appeals.
    Affirmed.
    Hamon & Ellis, for appellant.
    Fred S. Caldwell, for appellee.
   PER CURIAM.

The case-made in this case was not filed in the county court of Comanche county and is therefore stricken from the record. -Counsel for appellant urge no errors as disclosed by the transcript, and finding none depriving the appellant of a substant'al right, the judgment of the court below is affirmed.


text:
    GEORGE LEDGERWOOD v. STATE.
    No. A-430.
    Opinion Filed March 21, 1911.
    Appeal from Comanche County Court; James H. Wolverton, Judge.
    Appellant was convicted in the county court of Comanche county on a charge of violating the prohibitory law, and appeals.
    Affirmed.
    Hamon & Ellis, for appellant.
    Pred S. Caldwell, for appiellee.
   PER CURIAM.

The case-made in this case was not filed in the county court of Comanche county and is therefore stricken from the record. Counsel for appellant urge no errors as disclosed by the transcript, and finding none depriving the appellant of a substantial right, the judgment of the court below is affirmed.


text:
    GEORGE LEDGERWOOD v. STATE.
    No. A-429.
    Opinion Filed March 21, 1911.
    Appeal from Comanche County Court' James iH'. Wolverton, Judge.
    Appellant was convicted in the county court of Comanche county on a charge of violating the prohibitory law, and appeals.
    Affirmed.
    Hamon & Ellis, for appellant.
    Pred S. Caldwell, for appellee.
   PER CURIAM.

The case-made in this case was not filed in the county court of Comanche county and is therefore stricken from the record. Counsel for appellant urge no errors as disclosed by the transcript, and finding none depriving the appellant of a substant al right, the judgment of the court below is affirmed.


author: PER OURIAM.

text:
    T. A. FLEEMAN v. STATE.
    No. A-440
    Opinion Filed March 21, 1911
    Appeal from Beckham County Court; Fleetwood Bell, Judge.
    Appellant was convicted in the county court of Beckham county on a charge of unlawfully pointing a pistol, and appeals.
    Affirmed.
    Harrison & Hendrix, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER OURIAM.

The appellant was convicted in the county court of Beckham county on a charge of unlawfully pointing a pistol at the person of one W. D. Stewart, and' sentenced to pay a fine of $50 and he confined in the county jail for a period of three months. This appeal was filed in this court on the 19th day of November, 1909. There has been no brief filed for the appellant, and the state, through its Attorney General, has filed a motion to affirm under Rule 4. Upon a careful examination of the record we (find no fundamental error, and the motion to affirm is sustained. Judgment affirmed.


text:
    FRANK SPARKS v. STATE.
    No. A-488.
    Opinion Filed March 21, 1911.
    Appeal from Jefferson County Court; G. M. Bond, Judge
    Plaintiff in error was convicted in the county court of Jefferson county on a charge of selling intoxicating liquor and appeals.
    Affirmed.
    J. H. Har.per, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error
   PER OURIAM.

This appeal was filed in this court on the 14th day of December, 1909. The case-made was not filed 'in the court below and will have .to be stricken from the record. No errors appearing in the transcript, the judgment ot the court below is affirmed.


text:
    H. W. GREEN v. STATE.
    No. A-489.
    Opinion Filed March 21, 1911.
    Appeal from Jefferson County Court; G. M. Bond, Judge.
    Plaintiff in error was convicted in the county court of Jefferson county on a charge of unlawfully transporting intoxicating liquor, and appeals.
    Afiirmed.
    J. H. IHiarper, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

This apppeal was filed in this court on the 14th day of December, 1909. The case-made was not filed in the court below and will have to be stricken from the record. No errors appearing in the transcript, the judgment of the court below is affirmed.


text:
    STATE v. G. E. A. SMITH.
    No. A-491.
    Opinion Filed March 21, 1911.
    Appeal from Tulsa County Court; N. J. Gubser, Judge.
    This is an appeal by the state from an order sustaining a motion to set aside an information.
    Affirmed.
    M. A. Breekenridge, for plaintiff in error.
    Biddison & Campbell, for defendant in error.
   PER CURIAM.

The appeal in this case was filed on the 17th day of December, 1909, more than a year ago. No brief has been filed on behalf of the plaintiff in error, and no appearance was made for oral argument. The judgment of the lower court is affirmed for want of prosecution.


text:
    CHARLES STUARD v. STATE.
    No. A-497.
    Opinion Filed March 21, 1911.
    Appeal from' Jefferson County Court; G. M. Bond, Judge. ■
    Charles Stuard was convicted of violating the prohibitory law in the county court of Jefferson county, and appeals.
    Affirmed.
    Bridges & Vertrees, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

Upon' a careful examination of the .record in this case -we find no errors depriving the appellant of a substantial right. In our opinion the judgment of .the court below should be affirmed, and it is so ordered.


text:
    BILL RIDLEY v. STATE.
    No. A-480.
    Opinion Filed March 21, 1911.
    Appeal from Stephens County Court; W. H. Admire, Judge.
    Plaintiff in error was convicted in the county court of Stephens county on a charge of selling intoxicating liquor, and appeals.
    Affirmed.
    E. E. Morris, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER OURIAM.

Upon a careful examination of the' record in this case, we think the judgment of the court 'below should be affirmed, and it is so ordered.


text:
    SAM HAMES v. STATE.
    No. A-479.
    Opinion Filed March 21, 1911.
    Appeal from Woods County Court; R. A. Cameron, Judge.
    Sam Hames was convicted in the county court of Woods county on a charge of violating the prohibitory law and appeals.
    Reversed
    Mauntel & Stevens, for plaintiff in error.
   PER CURIAM.

A careful investigation of this record shows that the verdict and judgment are not supported by any evidence. The judgment is reversed and the cause remanded with direction to the court below to dismiss unless additional testimony to sustain a conviction can be had.


text:
    W. W. CRUMP. v STATE.
    No. A-481.
    Opinion Filed March 21, 1911.
    Appeal from Pittsburg County Court; R. W. Higgins, Judge.
    W. W. Crump was convicted of violating the prohibitory law in the county court of Pittsburg county, and appeals.
    Affirmed.
    Lester & Hammond, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

The case-made upon which this appeal is based was never filed in the county court of Pittsburg county, as required by section 6951, Snyder’s Statutes, and will have to be stricken from the record herein. There being no errors in the transcript sufficient to justify the disturbing of the judgment of the court below, the same is affirmed.


text:
    JOHN F. NELSON v. STATE.
    No. A-524.
    Opinion Filed March 21, 1911.
    Appeal from Carter County Court; I. R. Mason, Judge.
    Appellant was convicted in the county court of Carter county on a charge of violating the prohibitory law, and appeals.
    Affirmed.

      Sigler & Howard, for appellant.
   PER CURIAM.

Upon a careful examination of the record in this case we And no errors depriving the appellant of any substantial right, The judgment of the court below is therefore affirmed.


text:
    J. P. DULANEY v. STATE.
    No. A-500.
    Opinion Filed March 21, 1911.
    Appeal from Jefferson County Court; G. M. Bond, Judge.
    Appellant was convicted in county court of Jefferson county on a charge of violating the prohibtory law, and appeals.
    Affirmed.
    Bridges & Ventrees, for appellant.
    'Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

Upon a careful examination of the record in this case we think the judgment of the court below is correct and should be affirmed, and it is so ordered.


text:
    JOE QUINN v. STATE.
    No. A-503.
    Opinion Filed March 21, 1911.
    Appeal from Pawnee County Court; H. T. Conley, Judge.
    Appellant was convicted in the_ county court of Pawnee county on a charge of violating the prohibitory law, and appeals.
    Appeal dismissed.
    Pred S. Liseum, for appellant.
    Charles West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

Notice of appeal was not served on the clerk of the county court as required by section 6949, Snyder’s Statutes. For this reason the appeal is dismissed.


text:
    R. L. WYNNE v. CITY OF SHAWNEE.
    No. A-441.
    Opinion Filed March 21, 1911.
    Appeal from Pottawatomie County Court; E. D. Reasor, Judge,
    R. L. Wynne was convicted in the county court of Pottawatomie-county, on a charge of gaming, and appeals.
    Appeal dismissed.

      G. A. Outcelt, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

This action was begun .in the police court of. the city of Shawnee, where the plaintiff in error was tried and convicted, and appeal taken by him to the county court of Pottawatomie county, where he was again tried and convicted and fined $25 and costs, and has brought his appeal to this court seeking a reversal of the judgment of the court below. The appeal is by case-made. Under section 6951, Snyder’s Statutes, the case-made should be filed with the county court of the county in 'which the case' was originally tried, before it becomes a part of the record or is entitled to be filed with the clerk of this court. The Assistant Attorney General has filed a motion to strike the case-made on the ground that ,it was not filed with the county court as provided by Snyder’s Statutes, cited supra, which motion is well taken and must be sustained. The case-made is stricken and the pretended appeal -is dismissed..


text:
    J. D. COOPER v. STATE.
    No. A-446.
    Opinion Filed March 21, 1911.
    Appeal from Alfalfa County Court; F. M. Gustin, Judge.
    J. D. Cooper was convicted in the county court- of Alfalfa county on a charge of selling- intoxicating liquor and appeals.
    Reversed.
    Talbot & Owen, for plaintiff in error.
    ¡Smith C. Matson, Asst.' Atty. Gen., for defendant in error:
   PER CURIAM.

Upon a careful examination of the record in this case we think the judgment of the court below should be reversed "and this cause remanded for a new trial, and unless additional evidence can be had. upon which to base a judgment the cause should be dismissed, and it is so ordered.


text:
    GEORGE R. DEWITT v. STATE.
    No. A-447.
    Opinion Filed March 21, 1911.
    Appeal from Alfalfa -County Court; F. M. Gustin, Judge.
    Appellant was convicted in the county court of Alfalfa county on a charge of selling intoxicating liquor, and appeals.
    Reversed.
    Cloud & Halstead, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

Upon a careful examniation of the record in this case we think that the judgment of the court below should be reversed and this cause remanded for a new trial; and unless additional evidence can be had upon which to base a judgment the cause should be dismissed, and it is so ordered.


text:
    ALLISON CLARK v. STATE.
    No. A-450.
    Opinion Filed March 21, 1911.
    Appeal from Bryan County Court; Chas.„A. Phillips, Judge.
    Allison Clark was convicted of violating the prohibitory law, in the county court of Bryan county, and appeals.
    Affirmed.
    Utterback & Hayes, for plaintiff in error.
    Smith C. Matson Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

From a careful examination of the record in this case we think the judgment of the court below should be affirmed, and it is so ordered.


text:
    PHIL BRYCE and WEBB HIGH v. STATE.
    No. A-453.
    Opinion Filed March 21 ,1911.
    Appeal from Kiowa County Court; J. W. Mansell, Judge.
    Phil Bryce and Webb High were convicted in the county court of Kiowa, county on a charge of selling intoxicating liquor, and appeal.
    Affirmed.
    Thos. W.' Conner, for plaintiffs in error.
   PER CURIAM.

On a careful examination of the record in this case we are of the opinion that the judgment of the court below should be affirmed and it is so ordered.


text:
    GEORGE ANDREWS v. STATE.
    No. A-458.
    Opinion Filed March 21, 1911.
    Appeal from Jefferson County Court. .G, M. Bond, Judge.
    Plaintiff in error was convicted in the county court of Jefferson county on a charge of selling intoxicating liquors and appeals.
    Affirmed.

      J. H. Harper and H. C. Goodloe, for plaintiff in error.
    Smith C. Matson, Asst. "Atty. Gen., for defendant in error.
   PER OURIAM.

The plaintiff in error has failed to' perfect his appeal by case-made, by reason of his having failed to file the case-made in the county court of Jefferson county. The appeal was also filed in this court after the expiration of the time allowed by the county court of Jefferson county. The case-made will be stricken from the record, which leaves the appeal pending upon the transcript. A careful examination of the transcript discloses no errors prejudicial to the substantial rights of this plaintiff in error. The judgment of the court below is therefore affirmed.


text:
    DR. J. R. WILSON v. STATE.
    No. A-476.
    Opinion Filed March 21, 1911.
    Appeal from Stephens County Court; W. H. Admire, Judge.
    Plaintiff in error -was convicted in the county court of Stephens county for. selling whisky, and appeals.
    Affirmed.
    E. E. Morris and Gilbert & Bond, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

A careful investigation of the record in this case discloses no errors prejudicial to the substantial rights of the plaintiff in error, and the judgment of the court below is affirmed.


text:
    J. M. TAYLOR v. STATE.
    No. A-508.
    Opinion Filed March 21, 1911.
    Appeal from Cleveland County Court; C. M. Keiger, Judge.
    J. M. Taylor was convicted of violating the prohibitory law in the county court of Cleveland county, and appeals.
    Appeal dismissed.
    A. Hutchins, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

The appellant was convicted in the county- court of Cleveland county and sentenced, on the 4th day of September, 1909, to serve thirty days in the county jail and pay a fine of fifty dollars, for a violation of the prohibitory law. The regular county judge was disqualified and C. M. Keiger was elected special judge to try the case. At the time of pronouncing judgment and sentence the court allowed forty days in which to make and serve case-made. Later the special judge attempted to grant sixty days additional time in which to make and serve case-made, hut no order was made extending the time within which the appeal might be filed in this court. Under the holdings of the Supreme Court of this state, and this court, a judge pro tempore has no authority to extend time for malting and serving case-made, after the original order is made. See Rasberry v. State, 4 Okla. Cr. 613; Dobbs v. State (ante), decided at- this term. Under the repeated holdings of this court an appeal must be filed here within sixty days in misdemeanor case, unless the time for good cause is extended by the trial judge, not to exceed 120 days from the date of the judgment. In the case at ¡bar no such order was made. The sixty days extension given by the special judge on October l¡5th, 1909, is void and of no effect. The appeal is not taken in time and will have to be dismissed. Dismissed.


text:
    RUSH FORNEY v. STATE.
    No. A-507.
    Opinion Filed March 21, 1911.
    Appeal from Osage County Court; C. T.- Bennett, Judge.
    Plaintiff in error was convicted in the county*' court of Osage county on a charge of violating the prohibitory law, and appeals.
    Áppeal dismissed.
    Boone, Leahy & MacDonald, for plaintiff in. error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

Plaintiff in error was tried and convicted in the county court of Osage county on a charge of violating the prohibitory law and sentenced on the 24th day of September, 1909, on which date the court allowed sixty days for making and serving, case-made. No time was granted within which to file the case-made in this court. The statutory period of sixty days would therefore apply, no extension having been granted after the pronouncing of judgment and sentence iby the court. The appeal was filed on the 24th day of December, 1909, thirty-one days after the expiration of the time allowed by law. The appeal is dismissed.


text:
    ALBERT DECKER and THEODORE DECKER v. STATE.
    No. A-376.
    Opinion Filed March 21, 1911.
    Appeal from District Court, Comanche County; J. T. Johnson, Judge.
    The appellants were tried in the district court of Comanche county on a charge of assault with 'intent to kill, and convicted of simple assault, and appeal.
    Affirmed.

      B. M. Parmenter and C. O. Clark; for appellants.
    Smith C. Matson, Asst. Atty. Gen., for appellee.
   PER CURIAM.

The appellants were tried in the district court of Comanche county on a charge of assault with intent to kill and were convicted of a misdemeanor. Albert Decker was sentenced to serve sixty days and Theodore Decker to serve thirty days in the county jail and pay the costs of the prosecution. The judgment of the court below is affirmed.


text:
    I. HUMPHREYS v. STATE.
    No. A-522.
    Opinion Filed March 21, 1911.
    Appeal from Jackson County Court; W. T. McConnell, Judge.
    Plaintiff in error was convicted at the November, 1909, term of the county court of Jackson county, on a charge of conveying liquor from one place in Jackson county to another .place therein, and sentenced to pay a fine of $50 and serve thirty days in the county jail.
    Appeal dismissed.
    Wm. W. Griffin, for plaintiff in error.
    Smith C. Matson, Asst. Atty. Gen., for defendant in error
   PER CURIAM.

This is an appeal by case-made. The case-made was not filed in the county court of Jackson county as required by section 6951, Snyder’s Statutes, and for that reason will have to be stricken. The appeal was not filed in this court until after the expiration of sixty days, and no extension was asked for or given 'by the trial court, and for that reason this court is without jurisdiction to review the errors in the transcript, if there be any. Under repeated holdings of this court the appeal will have to be dismissed.


text:
    BENEDICT ELDER v. STATE.
    No. A-925.
    Opinion Filed April 4, 1911.
    Appeal from District Court, Pittsburg County; Robert M. Rainey, Judge.
    Benedict Elder was convicted of the crime of forgery and appeals.
    W. H. Puller and Geo. M. Porter, for plaintiff in error.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State.
   PER CURIAM.

Plaintiff in error, Benedict Elder, was indicted jointly with Ira. N. Euibanks, and was tried and convicted of the crime of forgery, and was sentenced to serve a term of ■ three years in the penitentiary. The judgment and sentence was entered on June 15, 1910. An appeal was perfected by filing in this court on October 10, 1910, a petition in error with case-made attached. Upon arraignment the defendant filed a motion to set aside and quash said Indictment, and on the same day filed his application in said court praying for an order to examine witnesses in support thereof, which application was allowed by the court, and a hearing upon the motion was had before the court. The motion was then overruled and exception allowed.

The first assignment of error is that: “The court erred in overruling defendant’s motion to quash and set aside the indictment. To which the defendant excepted.” This assignment presents the identical question determined by this court hi the companion case of Eubanks v. State (ante), decided at this term, wherein this court held that the trial court erred in overruling the motion to set aside and quash the indictment. For the reasons stated in the opin’on in that case, the judgment of the district court of Pittsburg county is reversed, and the cause remanded, with instructions to proceed in accordance with the views therein expressed.


text:
    STATE v. SCOTT McREYNOLDS.
    No. A-281.
    Opinion Filed April 4, 1911.
    Appeal from Logan County Court; J. C. Strang, Judge.
    Orville T. Smith and Smith C. Matson, Asst. Atty. Gen., for appellant.
    John H. Burford, for appellee.
   PER CURIAM.

The following stipulation has been filed in this case: “Subject to the approval of the Attorney General, it is stipulated and agreed that the appeal in the above entitled cause may toe dismissed. Orville T., Smith, Special Attorney for the State. John H. Burford, Attorney for Defendant. O. K. Charles West, Atty. Gen. By Smith C. Matson, Asst. Atty. Gen.” In conformity with the above stipulation, this appeal is dismissed.


author: PEE CURIAM.

text:
    EUGENE COOPER v. STATE.
    No. A-646.
    Opinion Filed May 16, 1911.
    Appeal from Oklahoma County Court; Sam Hooker, Judge.
    O. L. Price, for appellant.
    Smith C. Matson, Asst. Atty. Gen., for the State.
   PEE CURIAM.

On the 8th day of November, 1909, judgment was rendered and entered against appellant for a violation of the prohibitory liquor law, and his punishment was assessed at SO days’ confinement in the county jail and a fine of -$50. The transcript oi the record and case-made was filed in this court on the 8th day of March, 1910, which was long after the 60 days allowed by law within which the) appeal must be perfected. In the absence of an order made 'by the county court extending such time, this court did not acquire jurisdiction of this cause, and the appeal is dismissed.


text:
    CHANCY RHOADS v. STATE.
    No. A-398.
    Opinion Filed April 18, 1911.
    Appeal from 'Caddo County Court. B. P. Holding, Judge
    Plaintiff in error was tried at the April term, 1909, of the county court of Caddo county and was convicted of having in his possession intoxicating liquors for the purpose of selling the same, and appeals.
    Affirmed.
    C. H. Carswell, for plaintiff in error.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for defendant in error.
   PER CURIAM.

Defendant was convicted on the 22nd day óf May, 1909, for having in his possession whisky with the unlawful intent to sell the same, and on the 3rd day of June thereafter was sentenced to pay a fine of fifty dollars ai_J serve thirty days In the county jail of Caddo% county, and appeals by case-made to this court. The appeal is not properly perfected oy case-made. The case-made was never filed in the court below and is for that reason stricken from the record here. The transcript discloses no material error prejudicial to the substantial rights of plaintiff in error. The judgment is therefore affirmed, with directions to the court ibelow to enforce the judgment and sentence.


author: PER, CURIAM.

text:
    CHANCY RHOADS v. STATE.
    No. A-397.
    Opinion Filed April 18, 1911.
    Appeal from Caddo County Court; B. F. Holding, Judge.
    Plaintiff in error was tried at the April, term, 1909, of the county court of Caddo county and was convicted of selling intoxicating liquors; and appeals.
    Affirmed.

      C. H. Carswell, for plaintiff in error.
    ■ • Chas. West, Atty. Gen., and .Smith C. Matson, Asst. Atty. Gen., for defendant "in error.
   PER, CURIAM.

Defendant was convicted on the 26th day of May, 1909, for having in his possession whisky with the unlawful intent to, sell the same, arid on the 3rd day of June thereafter was sentenced to pay a fine of one hundred dollars and serve, thirty days in the county jail of Caddo county, and appeals -by case-made to this couiv. The appeal is not properly perfected by case-made. The case-made was never filed in the court below, and is for that reason stricken from the record here. The transcript discloses no material error prejudicial to the substantial rights of plaintiff in error. The judgment is therefore affirmed with directions to the court oelow to enforce the judgment and sentence.


text:
    HUGH NORTHCUTT v. STATE.
    No. A-392.
    Opinion Filed April 18, 1911.
    Appeal from Cleveland County Court; N. E. Sharp, Judge
    Hugh Northcutt was convicted in the county court of Cleveland county on a charge of disturbing religious worship, and appeals.
    Reversed and remanded.
    Ben F. Williams, Sr., Ben F. Williams, Jr., and W. D. Cardwell, for the plaintiff in error.
    Smith C Matson, Asst. Atty. Gen., for the defendant in error.
   ■PER CURIAM.

The plaintiff in 'error was convicted in the county court of Cleveland county on the 22d day of January, 1909, on a charge of disturbing relig.ous worship and has perfected his appeal in this court. On the 9th day of January, 1911, the Attorney General filed a confession of error in this case admitting that the trial court erred in i'ts instruction to the jury on the credibility of the defendant as a witness in his own behalf. The- confession of error is weil taken, and is sustained. The cause is reversed and remanded to the county court of Cleveland county With directions to that court to grant the ■plaintiff in error a new trial.


text:
    ROBERT MURPHY v. STATE.
    No. A-523.
    Opinion Filed April 18, 1911.
    Appeal from Mayes County Court; A. C. Brewster, Judge.
    Maxey, Leahy and Campbell, for plaintiff in error.
    Chas. West, Atty. Gen., and ¡Smith C. Matson, Asst, Atty. Gen., for the State.
   PER CURIAM.

Plaintiff in error -was convicted of a violation of section '2754,'Snyder’s'Sts., and sentenced to pay a fine' of fifty dollars and costs. The judgment was entered on September 1st, 1909. Prom which judgment an appeal was attempted to be taken toy filing with the clerk of this court on January 3, 1910. a petition in error and case-made, together with proof of service of notices of appeal. On February 10, 1911, the Attorney General filed a motion to dismiss said 'appeal for the reason: “Because the petition in' error and case-made were not filed in this court until after one hundred and twenty days had elapsed from the rendition of tb~ judgment appealed from. This appeal being taken from a conviction for a misdemeanor. (See sec. 6948, Snyder’s Sts.)’’ The motion to dismiss is well taken. It is evident that the appeal was not perfected within the time required under the statute to give this court jurisdiction. It is therefore ordered that the purported appeal be and the same is hereby dismissed and the cause remanded to the county court of Mayes county.


text:
    BOB TERRELL v. STATE.
    No. A-490.
    Opinion Filed April 18, 1911.
    Appeal from Carter County Court; Guy H. Sigler, Judge Pro Tempore.
    Plaintiff in error was convicted in the county court of Carter county for a violation of the prohibition law, and appeals.
    Affirmed.
    William Peifer, for plaintiff in error.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the defendant in error.
   PER CURIAM.

Bob Terr.ell, plaintiff in error, was convicted on the '5th day of November, 1909, in the county court of Carter counts’ on a charge of maintaining a place wherein intoxicating liquors were kept for the purpose of sale, and was on the 6th day of November thereafter sentenced by the court to pay a fine of one hundred dollars and serve a term of sixty days in the county jail. The case was ably briefed and orally argued on behalf of both parties. A careful examintion of the entire record fails to disclose any error prejudicial to the substantial rights of plaintiff in error, and the judgment of the court below is affirmed, with directions to the county court of Carter county to enforce the judgment and. sentence.


text:
    SADIE WALCHER v. STATE.
    No. A-326.
    Opinion Filed April 18, 1911.
    Appeal from Canadian County Court; H. L. Fogg, Judge.
    Sadie Walcher was convicted of a violation of the prohibition law, and appeals.
    Dismissed.

      R. B. Forrest for plaintiff in error.
    Chas. West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State
   PER CURIAM.

Plaintiff in error was convicted of a violation of the prohibition law, and sentenced to serve a term of thirty days in the city jail and pay a fine of two hundred dollars. Judgment was entered July 31, 1909, and an appeal was taken to this court. The Attorney General has filed a motion to dismiss the appeal for the reason that a' parole was granted to said appellant. The motion to dismiss the appeal is sustained, and the cause remanded to the county court of Canadian county.


text:
    J. J. PUTMAN v. STATE.
    No. A-295.
    Opinion Filed April 25, 1911.
    Appeal from Washita County Court; L. R. Shean, Judge.
    J. J. Putman was convicted of violating the prohibitory law', and appeals.
    Affirmed.
    Smith & Wagner, for plaintiff in error.
    Fred S. Caldwell, for defendant in error.
   PER CURIAM.

J. J. Putman was convicted in the county court of Washita county on the 27th day of January, 1909, on a charge of Selling intoxicating liquors, and on the 23rd day of February thereafter was sentenced to pay a fine of fifty dollars and costs and be confined in the county jail for a period of thirty days. We have carefully reviewed the record in this case and find no substantial error therein prejudicial to the plaintiff in ei'ror. The judgment of the county court of Washita counts' is therefore affirmed with directions to that court to enforce the judgment and sentence.