Lucas v State

Lucas v State
1931 OK CR 291
300 P. 432
51 Okl.Cr. 177
Decided: 06/12/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Affirmance in Absence of Brief or Oral Argument. Where no briefs are filed in support of an appeal and no appearance for oral argument made and examination of the record discloses no jurisdictional or fundamental error, the case will be affirmed.

Appeal from County Court, Atoka County; J.B. Maxey, Judge.

J.L. Lucas was convicted of selling intoxicating liquor, and he appeals. Affirmed.

J.G. Ralls, for plaintiff in error.

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

EDWARDS, J. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Atoka county of selling intoxicating liquor, and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

The case was tried in December, 1930, and the appeal was filed in this court in February, 1931. 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.

We have examined the record and find the evidence amply sufficient to sustain the verdict of the jury. No fundamental or jurisdictional error is apparent.