Milam v State

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Milam v State
1924 OK CR 329
231 P. 326
28 Okl.Cr. 441
Decided: 12/30/1924
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Affirmance Where Appellant Files no Brief nor Appears.

Page 442

Appeal from District Court, Rogers County; C.W. Mason, Judge.

Bennie Milam was convicted of robbery, and he appeals. Affirmed.

De Graffenreid & De Graffenreid, for plaintiff in error.

The Attorney General, for the State.

MATSON, P.J. The plaintiff in error, Bennie Milam, was jointly charged with one Blackie Long in the district court of Rogers county with the crime of robbery alleged to have been committed by them on the 15th day of April, 1921, by robbing one R.R. Henderson, agent of the Missouri Pacific & Iron Mountain Railway Company in the city of Claremore, Okla.

The petition in error and case-made were filed in this court on the 6th day of February, 1922, and the cause was finally submitted on the record on the 6th day of October, 1924. No brief has been filed in behalf of plaintiff in error and no appearance was made to orally argue the cause.

This being an appeal from a judgment of conviction for a felony, the court has carefully examined the record, including the transcript of the evidence, in connection with the errors assigned. The evidence on the part of the state is sufficient, if believed, to sustain the conviction. The only serious question in the evidence is its sufficiency to identify the plaintiff in error as one of the persons who robbed the station agent of the Missouri Pacific Railway Company at Claremore, Okla., on the date alleged. The said agent positively identified this plaintiff in error as one of those engaged in said robbery. The defense interposed was an alibi; plaintiff in error contending that he was at the time of the robbery in his room at a rooming house about a block and a half distant

Page 443

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