MEMORANDUM DECISIONS HAMILTON . TERRITORY. (Supreme Court of Arizona. March 25, 1911.) Appeal from District Court, Pima County; before Justice John H. Campbell. George L. Hamilton was convicted of assault with intent to commit robbery, and he appeals. Affirmed. John B. Wright, Atty. Gen., for the Territory. PER CURIAM. This is an appeal from a judgment of conviction and sentence for the crime of assault with intent to commit robbery. There is no appearance for the appellant in this court. We have examined the record, and find no prejudicial error therein. The judgment and sentence of the trial court is affirmed. CAMPBELL, J., not sitting. RODRIGUEZ v. TERRITORY. (Supreme Court of Arizona. March 27, 1911.) Appeal from District Court, Graham County; before Justice E. W. Lewis. Juan Rodriguez was convicted of an offense, and he appeals. Reversed, and defendant discharged. PER CURIAM. The same facts exist in this case as in the case of Territory v. Rose (decided at the last term of court) 108 Pac. 1134. The judgment of the district court is reversed for lack of sufficient competent evidence of guilt to sustain the verdict, and the defendant ordered discharged from custody. DOAN, J., concurs in the result. LEWIS, J., not sitting. ANDREWS v. STATE. (Criminal Court of Appeals of Oklahoma. March 7, 1911.) Appeal from Kiowa County Court; J. W. Mansell, Judge. E. E. Andrews was convicted of violating the prohibitory law, and 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 judgment of the trial court is reversed. ANDREWS v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Jefferson County Court; G. M. Bond, Judge. George Andrews was convicted 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 the State. PER CURIAM. 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. ANDREWS v. STATE. (Criminal Court of Appeals of Oklahoma. 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 the State. 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 case-made, and fixed the time for filing the appeal in this court at 60 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. BRYCE et al, v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Kiowa County Court; J. W. Mansell, Judge. Phil Bryce and Webb High were convicted 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. CLARK v. STATE. (Criminal Court of Appeals of Oklahoma. March 21. 1911.) Appeal from Bryan County Court; Chas. A. Phillips, Judge. Allison Clark was convicted of violating the prohibitory law, and appeals. Affirmed. Utterback & Hayes, for plaintiff in error. Smith C. Matson, Ásst. Atty. Gen., for the State. PER CURIAM. From a careful examination of the record in this case, we think the judg ment of the court below should be affirmed; and it is so ordered. COOK v. STATE. (Criminal Court of Appeals of Oklahoma. March 21. 1911.) Appeal from Grady County Court; N. W. Williams, Judge. Sam Cook was convicted of violating the liquor law, and appeals. Dismissed. Bond & Melton and Gilbert & Bond, for appellant. Fred S. Caldwell, for the State. PER CURIAM. Judgment was pronounced against the appellant on the 2d day of November, 1909, for violating the prohibitory liquor law, and he was sentenced to pay a fine of $50 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, 1910. But the case-made was not filed in this court until the 4th day of January, 1910, which was 3 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, 114 Pac. 753, decided at the January term of this court. CRUMP v. STATE. (Criminal Court of Appeals of Oklahoma. March, 21 1911.) Appeal from Pittsburg County Court; R. W. Higgins, Judge. W. W. Crump was convicted of violating the prohibitory law, and appeals. Affirmed. Lester & Hammond, for plaintiff in error. Smith C. Matson, Asst. Atty. Gen., for the State. 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. DECKER et al. v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from District Court, Comanche County; J. T. Johnson, District Judge. Albert Decker and Theodore Decker were convicted of assault, and appeal. Affirmed. B. M. Parmenter and C. O. Clark, for appellants. Smith C. Matson, Asst. Atty. Gen., for the State. 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 60 days, and Theodore Decker to serve 30 days, in the county jail, and pay the costs of the prosecution. The judg ment of the court below is affirmed. DEWITT v. STATE. (Criminal Court of Appea's of Oklahoma. March 21, 1911.) Appeal from Alfalfa County Court; F. M. Gustin, Judge. George R. Dewitt was convicted on a charge of selling intoxicating liquor, and appeals. Reversed. Cloud & Halstead, for appellant. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. Upon a careful examination 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 DULANEY v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Jefferson County Court; G. M. Bond, Judge. J. F. Dulaney was convicted on a charge of violating the prohibitory law, and appeals. Affirmed. Bridges & Vertrees, for appellant. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. Upon a careful examination of the record in this case, we think the judg ment of the court below is correct, and should be affirmed; and it is so ordered. PER CURIAM. 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 be 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 (101 Pac. vii). Upon a careful examination of the record, we find no fundamental error, and the motion to affirm is sustained. Judgment affirmed. FORNEY v. CITY OF PAWHUSKA. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from City Court of Pawhuska. C. T. Bennett, Judge. "Not to be officially reported." S. R. Forney was convicted 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 city court of Pawhuska, Osage county, Okl., 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 city jail of Pawhuska for 3 months. Upon this date the plaintiff in error was given 60 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 of 1909, provides that the appeal must be filed statute. Section 6948, Snyder's Comp. Laws within 60 days from the date of the judgment, the time, and under this section of the statute unless for good cause shown the court extends it cannot be extended more than 60 days. The appeal in this case was filed on December 24th, 31 days too late. There are other defects in the record, but for this defect, which is fatal, the appeal will have to be dismissed; and it is so ordered. FORNEY v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Osage County Court; C. T. Bennett. Judge. Rush Forney was convicted 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 the State. PER CURIAM, Plaintiff in error was tried and convicted in the county court of Osage county on a charge of violating the prohibitory ber, 1909, on which date the court allowed 60| Judge. Frank Long was convicted of carrydays for making and serving case-made. No ing concealed weapons, and appeals. Affirmed. time was granted within which to file the case- Bruce L. Keenan, for appellant. Charles West, made in this court. The statutory period of Atty. Gen., and Smith C. Matson, Asst. Atty. 60 days would therefore apply; no extension Gen., for the State. having been granted after the pronouncing of judgment and sentence by the court. The appeal was filed on the 24th day of December, 1909, 31 days after the expiration of the time allowed by law. The appeal is dismissed. = GREEN v. STATE. (Criminal Court of Ap 'peals of Oklahoma. March 21, 1911.) Appeal from Jefferson County Court; G. M. Bond, Judge. H. W. Green was convicted of an illegal sale of liquors, and appeals. Affirmed. J. H. Harper, for plaintiff in error. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. 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. Νο errors appearing in the transcript, the judgment of the court below is affirmed. 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. McCOY v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Osage County Court; C. T. Bennett, Judge. Earl McCoy was convicted of violating the prohibitory law, and appeals. Dismissed. Boone, Leahy & MacDonald, for plaintiff in error. Smith C. Matson, Asst. Atty. Gen., for the State. 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 6 months in the county jail. At this time the plaintiff in error was allowed 60 days within which to make and serve 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, 30 days after the time had expired within which the law requires HAMES v. STATE (Criminal Court of Ap-case-made. No time was fixed within which to peals of Oklahoma. March 21, 1911.) Appeal from Woods County Court; R. A. Cameron, Judge. Sam Hames was convicted 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 judg-it to be filed. There are other defects in the ment 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. HUMPHREYS v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Jackson County Court; W. T. McConnel, Judge. I. Humphreys was convicted of illegally conveying liquor, and appeals. Dismissed. Wm. W. Griffin, for plaintiff in error. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. This is an appeal by casemade. The case-made was not filed in the county court of Jackson county, as required by section 6951, Synder's Statutes, and for that reason will have to be stricken. The appeal was not filed in this court until after the expiration of 60 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. LEDGERWOOD v. STATE (four cases). (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Comanche County Court; James H. Wolverton, Judge. George Ledgerwood was convicted 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 substantial right, the judgment of the court below is affirmed. LONG v. STATE. (Criminal Court of Ap peals of Oklahoma. March 7, 1911.) Appeal from Cherokee County Court; J. T. Parks, record, but for the failure to file the appeal in the time allowed by section 6948, Snyder's Comp. St. 1909, the appeal will have to be dismissed; and it is so ordered. MASK v. STATE. (Criminal Court of Appeals of Oklahoma. March 7, 1911.) Appeal from Kiowa County Court; J. 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 CURIAM. A careful examination of the record in this case shows that the defendant was not tried before a fair and impartial jury. For the reasons given in the case of Mask v. State (No. A-208, decided at this term) 113 Pac. 995, and under authorities there cited, this case is reversed, and a new trial awarded. MURPHY v. STATE. (Criminal Court of Appeals of Oklahoma. April 18, 1911.) Appeal from Mayes County Court; A. C. Brewster, Judge. Robert Murphy was convicted of crime, and appeals. Dismissed. Maxey, Leahy & 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 Comp. St. 1909, and sentenced to pay a fine of $50 and costs. The judgment was entered on September 1, 1909, from which judgment an appeal was attempted to be taken by 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 120 days had elapsed from the rendition of the judgment appealed from; this appeal being taken from a conviction for a misdemeanor. See section 6948, Snyder's St." The motion to dismiss is well taken. It is evident that the appeal was not perfected within the time re quired 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. NELSON v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Carter County Court, I. R. Mason, Judge. John F. Nelson was convicted on a charge of violating the prohibitory law, and appeals. Affirmed. Sigler & Howard, for appellant. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. Upon a careful examination of the record in this case, we find no errors depriving the appellant of any substantial right. The judgment of the court below is therefore affirmed. NORTHCUTT v. STATE. (Criminal Court of Appeals of Oklahoma. April 18, 1911.) Appeal from Cleveland County Court; N. E. Sharp, Judge. Hugh Northcutt was convicted 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 plaintiff in error. Smith C. Matson, Asst. Atty. Gen., for the State. 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 religious 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 its instruction to the jury on the credibility of the defendant as a witness in his own behalf. The confession of error is well 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. OVERTON v. STATE. (Criminal Court of Appeals of Oklahoma. April 18, 1911.) Apreal from Tulsa County Court; N. J. Cubser, Judge. Charley Overton was convicted of violating the prohibitory law, and appeals. Affirmed, and cause remanded. Biddison, Campbell & Eagleton, for appellant. Fred S. Caldwell, for the State. PER CURIAM. Appellant was convicted in the county court of Tulsa county for violating the prohibitory liquor law, and his punishment was assessed at a fine of $100 and 60 days' imprisonment in the county jail. We have carefully considered the brief of counsel for appellant, and have read over the entire transcript of the record and case-made. We find that a demurrer was not filed to the information, and that no exceptions were reserved to the instruction of the court. All of the questions presented in the brief have heretofore been decided by this court adversely to the contentions of counsel for appellant. In view of the immense amount of work we have upon our hands, it would be a useless consumption of time and space to rediscuss these questions. We think the evidence in the case amply supports the verdict. The judgment of the trial court is therefore aflirmed, and the cause is remanded to the county court of Tulsa county, with directions that it proceed with the execution of its judgment. QUINN v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Pawnee County Court; H. T. Conley, | the prohibitory law, and appeals. Appeal dismissed. Fred S. Liscum, for appellant. Charles West, Atty. Gen., and Smith C. Matson, Asst. Atty. Gen., for the State. 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. RHOADS v. STATE. (Criminal Court of Appeals of Oklahoma. April 18, 1911.) Appeal from Caddo County Court; B. F. Holding, Judge. Chancy Rhoads 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 the State. 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, and on the 3d day of June thereafter was sentenced to pay a fine of $100 and serve 30 days in the county jail of Caddo county, and appeals by case-made to this court. The appeal is not properly perfected by casemade. 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 aflirmed, with directions to the court below to enforce the judgment and sentence. RHOADS v. STATE. (Criminal Court of Appeals of Oklahoma. April 18, 1911.) Appeal from Caddo County Court; B. F. Holding, Judge. Chancy Rhoads was tried at the April term, 1909, of the county court of Caddo county, and was convicted of having in his posses. sion 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 the State. PER CURIAM. Defendant was convicted on the 22d day of May, 1909, for having in his possession whisky with the unlawful intent to sell the same, and on the 3d day of June thereafter was sentenced to pay a fine of $50 and serve 30 days in the county jail of Caddo county, and appeals by case-made to this court. The appeal is not properly perfected by casemade. 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 below to enforce the judgment and sentence. SHELTON v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Greer County Court; Jarret Todd, Judge. W. F. Shelton was convicted of selling intoxicating liquors, and appeals. Appeal dismissed. John Evans, Jr., and C. G. Hornor, for plaintiff in error. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. The case-made in this case was 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 by the trial court, and for the appeal to be filed in this court within the time allowed, and, when either of these 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 be dismissed. Appeal dis SIES v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Appeal from Jefferson County Court; G. M. Bond, Judge. Ward Sies was convicted 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 the State. PER CURIAM. The case-made was never filed in the court below, as required by section 6951, Snyder's Statutes, and upon the suggestion of the Assistant Attorney General it is stricken from the record. No errors prejudicial to the rights of the plaintiff in error appearing in the transcript, the judgment of the court below is affirmed. ror. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. This is a case appealed by case-made and transcrint 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 10 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 60 days from the 4th day of October. This would have required the filing of the appeal on or before the 3d 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. SMITH v. STATE. (Criminal Court of Appeals of Oklahoma. March 7, 1911.) Appeal from Coal County Court; R. H. Wells, Judge Ed. Smith was convicted 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 the State. 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 Okl. Cr. 210, 97 Pac. 260, 20 L. R. A. (N. S.) 1007. The doctrine established in the Thomas Case was specifically approved by this court in the case of State v. Homer Jones, 3 Okl. Cr. 412, 106 Pac. 351. The judgment of the court below is affirmed. Af STUARD v. STATE. (Criminal Court of SMITH V. STATE. (Criminal Court of Ap- Appeals of Oklahoma. March 21, 1911.) Appeals of Oklahoma. March 21, 1911.) Appeal peal from Jefferson County Court; G. M. Bond, from Tulsa County Court; N. J. Gubser, Judge. Judge. Charles Stuard was convicted of vioC. E. A. Smith was convicted of having un-lating the prohibitory law, and appeals. lawful possession of intoxicating liquor, and firmed. Bridges & Vertrees, for appellant. appeals. Affirmed. Biddison & Campbell, for Smith C. Matson, Asst. Atty. Gen., for the plaintiff in error. Smith C. Matson, Asst. State. Atty. Gen., for the State. PER CURIAM. This appeal was filed on the 17th day of December, 1909, more than a year ago. No brief has been filed for the plaintiff in error. There are no fundamental errors appearing in the transcript, and the judgment of the lower court will be affirmed. 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 aflirmed; and it is so ordered. SPARKS v. STATE. (Criminal Court of Appeals of Oklahoma. March 21, 1911.) Ap peal from Jefferson County Court; TAYLOR v. STATE. (Criminal Court of March 21, 1911.) ApAppeals of Oklahoma. peal from Cleveland County Court; C. M. KeiJ. M. Taylor was conger, Special Judge. G. M. victed of violating the prohibitory law, and uppeals. Appeal dismissed. A. Hutchin, for appellant. Smith C. Matson, Asst. Atty. Gen., for the State. Bond, Judge. Frank Sparks was convicted of selling intoxicating liquor, and appeals. Affirm ed. J. H. Harper, for plaintiff in error. Smith C. Matson, Asst. Atty. Gen., for the State. PER CURIAM. 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 of the court below is affirmed. ed in the county court of Cleveland county, SPARKS v. STATE. (Criminal Court of Ap-case-made. Later the special judge attempted peals of Oklahoma. March 21, 1911.) Appeal from Jefferson County Court; G. M. Bond, Judge. Frank Sparks was convicted of violating the prohibitory law, and appeals. Appeal 'dismissed. J. II. Harper, for plaintiff in er to grant 60 days' additional time in which to make and serve case-made; but 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, |