The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-01-12
OPINION
By Chief Justice IN a Case o.
FeiOniOUs Assault--Matter
Of Great Importance.

The opinion handed down in SUI
preme court by Judge Buriord In the
case OF II. H. Hyde VS.. the Territory OF
oklahoma is creating much comment
everywhere The syllabns OF the case
is as follows.
In the Supreme Court Of the Territory
OF Oklahoma.
II II. Hyde,
Plaintiff in Error.
The Territory OF Oklahoma
Defendants in Error,
Appeal from Woods county.
SYLLABUS.
/. The original case made in
criminal cause should contain all Of
the records and proceedings of the
trial court. Necessary TO enable the
appellate court TO truthfully and in
diligently review the errors com
planned OF. The court is entitled TO
the whole Of the records relating to
alleged errors complained Of,
whether II be in favor OF or against
the complaining party.
2. Section Z, article iC, chapter 6s,
statutes Of oklahoma, 1898, amenda-
tory OF the criminal code, and which
provides for presenting a cause to the
Supreme court for review by Case.
made" is not an adopted, but an orig
inal act, and is a departure in criminal
procedure, and should be so construed
as to effectuate its purposes that is &c
provide cheap, speedy, and briei
method OF taking an appeal, without
depriving the appellate court Of the
power which has always existed, tC
require omitted portions of a record tC
be brought before 1T By Transcript
3. The construction gives similar
provision in the civil code is not apple
able to the criminal code, for tht
reason that in civil causes all pre-
sumptions are in favor of the regular
ity Of the proceedings in the tria
court, and error must be made TO af
| firmatively appear before cause vii
be reversed. While in criminal cause
| the presumptions are in favor of tht
accused rather than in favor of tn,
proceedings, and cause will be re
versed sunless II affirmatively appear
that ali things required to be don,
were regularly done aud recovered.
4. Where a case-made in crimina
prosecution fails to embrace ali tn,
material parts OF the record Of tn
proceedings Of the trial court neces
sary to a proper and intelligent review
and disposition Of the errors complain
ed OF, and it is made 10 appear to thi
court that such record actually exists
this court will permit the case-mad
to be supplemented 10y transcript o
such parts OF the record as are omitte,
to the end that the whole record upoi
which the cause is reviewed may b
made TO disclose the whole truth.
8. 1t is not consonant with SCUM
professional ethics that an attorney O
this court should bring up case upo
Bn abridged record and then insist NJ
on reversal OF the cause because O
the parts omitted, when he has know
ledge OF the fact that truthful an
complete record would disclose n
grounds for complaint. II is the dut
of counsel to see that no falsehood G
deception is practiced upon the cour
and that the court is properly put !
possession of all matters Of fact {
law, within the knowledge Of eounse
which are necessary to a rightful dil
position of the matter before'it.
We deplore that state OF profei
sionul morals which will prompt n
attorney OF this court to seek an az
vantage for his client by an impoe
ton upon the court Of a recor
which discloses apparent errors whic
In fact do not exist. A proper regar
for professional duty would prompt
disclaimer OF any such purposes and
waiver OF such apparent errors.
The plaintiff IN error was tried an
convicted in the district court Of Wood
county, for the crime OF felonlous a
sault.