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410 P.2d 896

Hensley v. State

Court of Criminal Appeals of Oklahoma

Decided February 9, 1966

Court of Criminal Appeals of Oklahoma · decided 1966-02-09

Relies on Greenwood v. State

Decided 1966-02-09

NIX, Judge.

¶1Ellis Hensley was convicted in the County Court of Marshall County with the crime of Public Drunk, and sentenced to pay a fine of $100.00. From that judgment and sentence he has attempted to appeal to this Court.

¶2The record filed in connection with this cause does not contain judgment and sentence. This, in itself, is fatal to the appeal.

¶3 This Court has stated many times, as in the case of Greenwood v. State, Okl.Cr., 375 P.2d 661:

“Where casemade does not contain formal judgment and sentence, the record cannot be considered even as a transcript, and the appeal will be dismissed.”

¶4In this cause, the county attorney and defense counsel attempted to file an amendment m the back of the casemade, but this does not substitute for a judgment and sentence.

¶5The attempted appeal is, therefore, dismissed.

BUSSEY, P. J., and BRETT, J., concur.
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