(Syllabus by the Court.)
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 transcript of the record, the appeal cannot be considered either upon the case-made or the transcript of the record, and will be dismissed.
PER CURIAM.
In so far as the record discloses, the case-made was never served upon the county attorney. We must therefore sustain the motion of the Attorney General to strike from 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 case-made or upon a transcript of the record.
The appeal is therefore dismissed.