HARTLEY v. STATE

HARTLEY v. STATE
1950 OK CR 45
217 P.2d 188
91 Okl.Cr. 141
Case Number: A-11171
Decided: 04/05/1950
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error Verdict on Conflicting Evidence Sustained. Verdict of jury on conflicting evidence will be sustained.

2. Automobiles Sufficiency of Evidence to Sustain Conviction of Driving Automobile on Highway While Under Influence of Intoxicating Liquor. Evidence was sufficient to sustain conviction for driving automobile on highway while under influence of intoxicating liquor, and no reversible error was found in record.

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

Thurlow Walter Hartley was convicted of driving an automobile on a public highway while under the influence of intoxicating liquor, and he appeals. Affirmed.

Carder & Carder, Hobart, for plaintiff in error.

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

JONES, P.J.

The defendant, Thurlow Walter Hartley, was convicted in the county court of Kiowa county for the misdemeanor of driving an automobile on the public highway while under the influence of intoxicating liquor and pursuant to the verdict of the jury was sentenced to pay a fine of $25 and costs, and has appealed.

No brief has been filed on behalf of defendant and no appearance was made in his behalf at the time the case was assigned for oral argument. Under those circumstances, the record will be searched for fundamental error and if none is found the judgment will be affirmed.

The evidence shows that two officers saw the defendant driving his Buick automobile on the streets in the

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town of Mountain Park while he was intoxicated. We have found no substantial error in the record. The judgment and sentence of the county court of Kiowa county is accordingly affirmed.

BRETT and POWELL, JJ., concur.