Morris v State

Morris v State
1939 OK CR 41
90 P.2d 452
65 Okl.Cr. 220
Decided: 05/05/1939
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Failure of Plaintiff in Error to File Brief-Appeal Assumed Abandoned or That Counsel Concluded There Are no Reversible Errors in Record. Where the plaintiff in error falls to file a brief in support of his assignment of error, the court assumes that the appeal has been abandoned, or that counsel representing the plaintiff in error has reached the conclusion there are no errors in the record sufficient to warrant a reversal.

2. Intoxicating Liquors-Conviction for Unlawful Possession Sustained by Evidence. The evidence is sufficient to support the verdict and judgment.

Appeal from County Court, Cleveland County; Richard T. Pendleton, Judge.

H. P. Morris was convicted of the possession of intoxicating liquor, and he appeals. Judgment affirmed.

Person E. Woodall and Justin Hinshaw, both of Norman, for plaintiff in error.

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

PER CURIAM. The plaintiff in error was convicted of possession of intoxicating liquor and sentenced to pay a fine of $100 and to be imprisoned in the county jail for 30 days, and appeals.

The record in this case was filed in this court on May 31, 1938. The case was submitted on the record September 25, 1938. No brief has been filed in support of the plaintiff in error's assignments of error. The court therefore assumes that the appeal has been abandoned, or

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that counsel representing the plaintiff in error has reached the conclusion there are no errors in the record sufficient to warrant reversal.

The record has been carefully examined, and the examination fails to disclose any fundamental error.