
    Morris Gibson v. State.
    No. A-236.
    Opinion Filed March 30, 1910.
    (107 Pac. 739.)
    APPEAL — Dismissal—Defects in Record. When the case-made is not served upon the county attorney, in the time allowed by the court, and the clerk of the court does not certify to the trans-script of the record, the appeal cannot be considered either upon the case-made or The transcript of the record, and will be dismissed.
    (Syllabus by the Court.)
    
      Appeaíl from District Court, Le Flore County; M. E. Rosser, Judge.
    
    Morris Gibson, the defendant, was convicted of the offense of manslaughter, and sentenced to seven years’ confinement in the penitentiary and a fine of $500. Motions for a new trial and in arrest of judgment were filed and overruled on the 11th day of November, 1908. Defendant was given 90 days in which to prepare and serve a case-made, and appeals.
    Appeal dismissed.
    
      J. E. Whitehead, for appellant.
    
      Charles L. 'Moore, Asst. Atty. Gen., for the State.
   PEE CUBTAM.

In so far as the record discloses, the ease-made was never served upon the county attorney. We must therefore sustain the motion of the Attorney General to strike frotn the record what purports to be the case-made. There is no certificate of the clerk of the court to the transcript of the record. We therefore are without jurisdiction to consider this attempted appeal either as upon a ease-made or upon a transcript of the record.

The appeal is therefore dismissed.  