Murray v State

Murray v State
1912 OK CR 120
121 P. 791
7 Okl.Cr. 40
Case Number: No. A-965
Decided: 03/07/1912
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Briefs Failure to File.

Appeal from District Court, Bryan County; J.R. Armstrong, Judge

R.W. Murray was convicted of perjury, and sentenced to the penitentiary for five years, and appeals. Affirmed.

Utterback & Hayes

Smith C. Matson

FURMAN, P.J. No brief has been filed in this case on the part of appellant, and no appearance has been made in his behalf. It is the duty of this court to decide questions properly presented, and not to brief cases. Where counsel do not appear in court and present the questions upon which they rely, either by brief or oral argument, this court will not do more than examine the record for fundamental errors. See Henson v. State, 5 Okla. Cr. 6, 113 P. 224; Price v. State, 5 Okla. Cr. 147, 113 P. 1061; Mingle v. State, 5 Okla. Cr. 535, 115 P. 616. Upon an examination of the record in this case, we find no fundamental error, and the evidence overwhelmingly establishes the guilt of the appellant.