Marutzky v State

Marutzky v State
1927 OK CR 91
254 P. 114
36 Okl.Cr. 308
Decided: 03/26/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Scope of Review Where no Briefs Filed or Arguments Presented.

Appeal from District Court, Carter County; Asa E. Walden, Judge.

Bob Marutzky was convicted of a violation of the prohibitory law, second offense, and he appeals. Affirmed.

John B. Ogden, for plaintiff in error.

The Attorney General, for the State.

DOYLE, P.J. The plaintiff in error was convicted in the district court of Carter county on a charge that he did have in his possession four barrels of mash, wort, and wash, and a certain still, used for the purpose of manufacturing intoxicating liquors, and alleging that the offense charged was a second and subsequent violation of the prohibitory law, in that defendant had been convicted in the county court of Carter county on an information charging the unlawful possession of intoxicating liquors. The jury fixed the punishment at imprisonment in the county jail for 60 days and a fine of $50. A motion for new trial was duly filed and denied. From the judgment rendered in pursuance of the verdict he appeals.

No brief has been filed, and we are not advised what the plaintiff in error relies upon for a reversal.

An examination of the record convinces us that

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the plaintiff in error was granted a fair trial, that the evidence is sufficient to sustain the verdict and judgment.