Stokes v State

Stokes v State
1931 OK CR 114
296 P. 987
50 Okl.Cr. 182
Decided: 03/14/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Affirmance in Absence of Briefs.

Appeal from County Court, Payne County; L.H. Woodyard, Judge.

Dale Stokes was convicted of the crime of having possession of intoxicating liquor, and he appeals. Affirmed.

John W. Whipple, for plaintiff in error.

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

DAVENPORT, P.J. The plaintiff in error was convicted in the county court of Payne county of having possession

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of intoxicating liquor, to wit, one quart of whisky, with the unlawful intent to sell, barter, give away, and otherwise furnish the same to others, and his punishment fixed at a fine of $50, and imprisonment in the county jail for a period of 30 days. From which judgment the defendant appeals.

Petition in error and case-made were filed in this court on the 25th day of October, 1929. No further appearance has been made by the plaintiff in error, nor any further extension asked for time to file brief in support of the assignments of error.

Where no brief is filed and no personal appearance made, the court presumes that the appeal is without merit or has been abandoned. We have carefully examined the record and find the information properly charged an offense; that the defendant was accorded a fair and impartial trial; that no fundamental or prejudicial errors appear in the record.