Arnold v State

Arnold v State
1941 OK CR 14
110 P.2d 309
71 Okl.Cr. 166
Decided: 01/22/1941
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Affirmance in Absence of Brief. Where no brief is filed, and there is no error apparent on the face of the record, judgment of conviction will be affirmed.

2. Same--Conviction for Unlawful Possession of Intoxicating Liquor Sustained. In a prosecution for unlawful possession of intoxicating liquor, record reviewed and conviction affirmed.

Appeal from County Court, Okmulgee County; E. M. Carter, Special Judge.

George Arnold was convicted of unlawful possession of intoxicating liquor, and he appeals. Affirmed.

James H. Hays, Jr., of Okmulgee, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for the State.

DOYLE, J. The information in this case, filed in the county court of Okmulgee county, charges that George

Page 167

Arnold did keep and have unlawfully in his possession seven quarts of whisky with the intention to sell the same. On the trial the jury returned a verdict finding him guilty and fixing his punishment at confinement for 30 days in the county jail and a fine of $50.

An appeal by petition in error with transcript of the record proper was filed in this court on September 25, 1939.

When the case was called for final submission no appearance was made and the case was submitted on the record.