Moore v State

Moore v State
1930 OK CR 261
288 P. 997
48 Okl.Cr. 13
Decided: 06/05/1930
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Review Affirmance Where no Briefs Filed. Where an appeal has been taken from a conviction and no briefs are filed, this court will examine the record, and if no fundamental errors were committed the judgment of the trial court will be affirmed.

Appeal from County Court, Kiowa County; J.S. Carpenter, Judge.

Melton Moore and another were convicted of having possession of intoxicating liquor, and they appeal. Affirmed.

Rummons & Hughes, for plaintiffs in error.

J. Berry King, Atty. Gen., for the State.

PER CURIAM. The plaintiffs in error, hereinafter called the defendants, were convicted of having possession of intoxicating liquor, to wit, whisky, and were each sentenced to pay a fine of $100 and serve 30 days in the county jail. From the judgment the defendants have appealed to this court.

The petition in error, with case-made attached, was filed in this court on February 14, 1929. No brief has been filed in support of the errors assigned, nor has there been any personal appearance for the defendant or oral argument submitted in support of their assignments.

The record in this case has been carefully examined, and we find the information was sufficient to charge an offense; that the testimony is sufficient to show the defendants guilty; and that the defendants were accorded a fair and impartial trial.