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Murray v. State

Court of Criminal Appeals of Oklahoma
Dec 18, 1968
448 P.2d 473 (Okla. Crim. App. 1968)

Opinion

No. A-14770.

December 18, 1968.

Appeal from the District Court of Tulsa County; S.J. Clendinning, Judge.

Terry L. Meltzer, Tulsa, for plaintiff in error.

G.T. Blankenship, Atty. Gen., Charles Owens, Asst. Atty. Gen., for defendant in error.


MEMORANDUM OPINION AND ORDER TO DISMISS


This is an attempted appeal by transcript from a conviction for the crime of Attempted Second Degree Burglary in which plaintiff in error entered a plea of guilty, and was sentenced to serve two years in the state penitentiary by the District Court of Tulsa County, Oklahoma, on November 20, 1967. After reviewing the purported transcript of the record, we fail to find a copy of the judgment and sentence entered by the District Court.

This Court has long held that where the transcript fails to contain the final judgment sought to be reversed, the Court of Criminal Appeals has no jurisdiction to consider the appeal. See: Stanton v. State, 23 Okla. Cr. 193, 213 P. 914, and cases cited; also: Sprouse v. State, Okla. Cr.App., 432 P.2d 664.

It is therefore the order of the Court that the attempted appeal herein shall be dismissed.


Summaries of

Murray v. State

Court of Criminal Appeals of Oklahoma
Dec 18, 1968
448 P.2d 473 (Okla. Crim. App. 1968)
Case details for

Murray v. State

Case Details

Full title:FOREMAN DAVID MURRAY, PLAINTIFF IN ERROR, v. STATE OF OKLAHOMA, DEFENDANT…

Court:Court of Criminal Appeals of Oklahoma

Date published: Dec 18, 1968

Citations

448 P.2d 473 (Okla. Crim. App. 1968)
1968 OK CR 228

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This Court has long held that where the Transcript fails to contain the final judgment sought to be reversed,…