Smith v State

Smith v State
1945 OK CR 96
162 P.2d 331
81 Okl.Cr. 203
Decided: 10/03/1945
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Failure to File Brief-Affirmance. Rule 9 of the Criminal Court of Appeals provides: When no counsel appears and no briefs are filed, the court will examine the pleadings, the instructions of the court, and the exceptions taken thereto, and the judgment and sentence, and if no prejudicial error appears will affirm the judgment.

2. Intoxicating Liquors-Conviction for Unlawful Possession Sustained. Record examined, and no prejudicial error found.

Page 204

Appeal from County Court, Kiowa County; Clarence W. Hunter, Judge.

Roy Smith was convicted of unlawful possession of intoxicating liquor, and he appeals. Judgment affirmed.

Hughes & Hughes, of Hobart, for plaintiff in error.

Randell S. Cobb, Atty. Gen., and U. V. Jones, Co. Atty., of Hobart, for defendant in error.

BAREFOOT, P. J. The defendant, Roy Smith, was charged in the county court of Kiowa county with the crime of unlawful possession of intoxicating liquor, to-wit, eight pints of whisky. He was tried, convicted and sentenced to pay a fine of Fifty Dollars and to serve thirty days in the county jail, and has appealed.