Moss v State

Moss v State
1931 OK CR 56
295 P. 627
50 Okl.Cr. 45
Decided: 01/31/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Larceny Conviction for Theft of Automobile Sustained.

Appeal from District Court, Oklahoma County; Sam Hooker, Judge.

Nicholas F. Moss was convicted of larceny of an automobile, and he appeals. Affirmed.

Mathers & Mathers, for plaintiff in error.

Page 46

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

DAVENPORT, P.J. The plaintiff in error, hereinafter referred to as the defendant, was charged with larceny of an automobile and was sentenced to served a term of five years in the state penitentiary at McAlester, and to pay the costs of the prosecution. From which judgment and sentence the defendant appealed.

The petition in error, with case-made attached, was filed in the clerk's office of this court, on August 26, 1929. No brief has been filed, nor has any one appeared to argue the case for the defendant. Where no counsel appears and no briefs are filed, this court will examine the pleading; instructions of the court, and the exceptions taken thereto; the judgment and sentence; and, if no prejudicial errors appear, will affirm the judgment.

After an examination of the pleadings, the instructions of the court, the judgment and sentence, the court finds that no prejudicial errors occurred in the trial of the case sufficient to authorize a reversal of this judgment.