PICKCLESIMER v. TERRITORY OF OKLAHOMA

PICKCLESIMER v. TERRITORY OF OKLAHOMA
1905 OK 20
79 P. 777
15 Okla. 193
Decided: 02/11/1905
Supreme Court of Oklahoma

Supreme Court of the Territory of Oklahoma.

PICKLESIMER
v.
TERRITORY.

Feb. 11, 1905.

Syllabus by the Court.

¶0 Where an appeal is taken in a criminal case, and no briefs are filed, this court will examine the indictment, the instructions of the court, and the exceptions taken thereto, and the judgment and sentence, and, if there is apparent no error prejudicial to the rights of the prisoner, the judgment will be affirmed.

Houston & Grant and J. R. League, for plaintiff in error.

HAINER, J.

¶1 On November 8, 1902, the plaintiff in error was indicated in the district court of Dewey county on the charge of grand larceny. On May 16, 1903, he was tried and convicted of the crime charged in the indictment. On May 22, 1903, motion for a new trial and motion in arrest of judgment were overruled, and the defendant was sentenced to serve a term of four years in the penitentiary. From this judgment and sentence the defendant appeals. The cause was filed in this court on May 14, 1904, and was submitted at this term on the record, no briefs having been filed.

¶2 We have examined the indictment, the instructions of the court that were excepted to, and the judgment and sentence, and we are unable to perceive any error which would warrant a reversal of the case; and upon the authority of White v. Territory,

¶3 All the Justices concurring, except PANCOAST, J., who presided in the court below, not sitting, and BEAUCHAMP, J., absent.