Griffin v State

Griffin v State
1931 OK CR 17
295 P. 229
49 Okl.Cr. 415
Decided: 01/10/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Affirmance in Absence of Brief or Oral Argument.

Appeal from District Court, Tulsa County; Saul A. Yager, Judge.

W.R. Griffin was convicted of robbery, and he appeals. Affirmed.

Wade S. Stanfield and A.L. Harbison, for plaintiff in error.

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

EDWARDS, P.J. The plaintiff in error, hereinafter called defendant, was convicted of robbery and was sentenced to serve 20 years in the penitentiary.

Page 416

The case was tried in March, 1929, and the appeal was lodged in this court September, 1929. No briefs in support of the appeal have been filed, nor was there any appearance for oral argument at the time the case was submitted.

Where an appeal is brought to this court upon conviction for a felony, and no briefs are filed, and no appearance for oral argument made when the case was set for submission, this court will examine the record for jurisdictional or fundamental errors, and if none appear, and the evidence supports the judgment, it will be affirmed.