Opinion
No. A-8056.
Opinion Filed July 11, 1931.
(Syllabus.)
Appeal and Error — Remedy of Poor Person Where Trial Court Refused to Order Transcript Furnished. Where an accused is convicted, and is denied his constitutional and statutory right to perfect an appeal by case-made as a poor person by reason of the refusal of the court to order a transcript of the proceedings and the testimony taken upon the trial, and the jurisdiction of this court is invoked, this court will either order the transcript furnished or will reverse and award a new trial.
Appeal from County Court, Pittsburg County; S. F. Brown, Judge.
Tom Lenora was convicted of possessing intoxicating liquor, and he appeals. Reversed and remanded.
O. H. Whitt, for plaintiff in error.
J. Berry King, Atty. Gen., for the State.
The plaintiff in error was convicted in the county court of Pittsburg county on a charge of having the possession of intoxicating liquor and was sentenced to pay a fine of $500 and to serve 90 days in the county jail. He filed an application for the record, supported by a sufficient affidavit showing his inability to pay for same. His application was denied. This was error requiring a reversal. Jeffries v. State, 9 Okla. Cr. 573, 132 P. 823; Hutchins v. State, 13 Okla. Cr. 717, 167 P. 338; Brogdon v. State, 38 Okla. Cr. 269, 260 P. 784.
The case is reversed and remanded.