McIntire v State

McIntire v State
1946 OK CR 16
166 P.2d 111
82 Okl.Cr. 47
Decided: 02/06/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Burden on Appellant to Show Error and Prejudice Resulting from Conviction. On appeal from conviction, burden is upon appellant to show both error and prejudice resulting therefrom.

2. Intoxicating Liquors-No Errors in Proceedings-Judgment Affirmed. Record examined, and no errors found in connection

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with proceedings on arraignment and plea of guilty of defendant to charge of illegal possession of intoxicating liquor.

Appeal from County Court, Muskogee County; John D. Gulager, Judge.

Percy McIntire was convicted of illegal possession of intoxicating liquor, and he appeals. Affirmed.

Phil K. Oldham, of Muskogee, for plaintiff in error.

Randell S. Cobb, Atty. Gen., for defendant in error.

JONES, P. J. The defendant, Percy McIntire, was charged in the county court of Muskogee county with the offense of unlawful possession of intoxicating liquor, to which information he entered a plea of guilty and was sentenced to serve 30 days in the county jail and pay a fine of $50 and costs, and has appealed.

We have examined the transcript of the record; the information is sufficient to charge the offense of unlawful possession of intoxicating liquor. The defendant appeared in person and with his counsel and entered a plea of guilty. The sentence that was pronounced upon the plea of guilty was the minimum punishment fixed by the statute for such offense. Since no appearance has been made in this court on behalf of the defendant, nor brief filed, it is apparent that the appeal is without merit and that the judgment should be affirmed.