Thompson v State

Thompson v State
1941 OK CR 173
119 P.2d 872
73 Okl.Cr. 242
Decided: 12/03/1941
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Review-Affirmance in Absence of Brief or Argument.

Appeal from County Court, Caddo County; Brewster McFadyen, Judge.

Sam Thompson was convicted of transporting intoxicating liquor, and he appeals. Affirmed.

W. H. Cooper, of Anadarko, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for defendant in error.

PER CURIAM. The defendant, Sam Thompson, was charged by information in the county court of Caddo county, on March 29, 1939, with the offense of transporting intoxicating liquor, was tried, convicted, and sentenced to serve a term of 90 days in the county jail and to pay a fine of $100, from which judgment and sentence he appeals to this court.

Petition in error and case-made were filed in this court on August 30, 1940. No brief has been filed in this case and no oral argument presented.

Page 243

Where defendant appeals from a judgment of conviction and neither any brief is filed nor appearance for oral argument made, we do not consider it the duty of this court to go into a careful examination of the evidence to determine whether or not the trial court erred in the admission or rejection of testimony. This court will examine the record for jurisdictional errors. If no fundamental error appears, the judgment will be affirmed.