Brown v State

Brown v State
1931 OK CR 38
295 P. 394
50 Okl.Cr. 24
Decided: 01/24/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Affirmance in Absence of Brief or Oral Argument.

Appeal from District Court, Carter County; John B. Ogden, Judge.

Page 25

Russell Brown was convicted of larceny of an automobile, and he appeals. Affirmed.

Brown & Brown, for plaintiff in error.

J. Berry King, Atty. Gen., for the State.

DAVENPORT, P.J. The plaintiff in error, hereinafter called the defendant, was convicted in the district court of Carter county, Okla., of the crime of larceny of one Chrysler automobile, and was sentenced to serve a term in the state penitentiary at McAlester for a term of five years, from which judgment the defendant has appealed to this court.

The defendant's appeal was filed in this court on July 19, 1929. No brief has been filed on behalf of the defendant, and no reason is shown why a brief has not been filed. No request has been made for oral argument. Where the record shows no brief has been filed for the defendant and no appearance made for oral argument, the court will consider the appeal is without merit or has been abandoned.