Young v State

Young v State
1931 OK CR 313
1 P.2d 791
51 Okl.Cr. 286
Decided: 07/11/1931
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. 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.

2. Intoxicating Liquors Conviction for Transporting Sustained With Punishment Reduced. Evidence examined, and held insufficient to sustain punishment assessed.

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

Virgil Young was convicted of transporting intoxicating liquor, and he appeals. Modified, and, as modified, affirmed.

Hughes & Hughes, for plaintiff in error.

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

DAVENPORT, P.J. The plaintiff in error, hereinafter called defendant, was convicted in the county court

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of Kiowa county on a charge of transporting intoxicating liquor, and was sentenced to pay a fine of $450, and to serve 130 days in the county jail.

The case was tried in April, 1930, and the appeal was lodged in this court in August, 1930. 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.

In view of the fact that the quantity of whisky alleged to have been by the defendant transported was so small, we feel that the punishment imposed is excessive, and should be modified to a fine of $100 and 60 days in the county jail.