Terry v State

Terry v State
1936 OK CR 112
61 P.2d 582
60 Okl.Cr. 74
Decided: 09/25/1936
Oklahoma Court of Criminal Appeals

Appeal from County Court, Canadian County; E.F. Thompson, Judge.

Carl Terry was convicted of unlawful possession of intoxicating liquor, and he appeals. Appeal dismissed.

Ellis V. Gregory, for plaintiff in error.

S.T. Roberson, Co. Atty., and Lucius Babcock, Jr., Asst. Co. Atty., for the State.

PER CURIAM. Plaintiff in error, Carl Terry, was convicted in the county court of Canadian county of the offense of unlawful possession of intoxicating liquor, and was, by the judgment of the court entered January 27, 1936, sentenced to pay a fine of $100 and to confinement in the county jail for a period of 60 days. From this judgment an appeal was taken by filing in this court on April 3, 1936, petition in error with case-made attached.

Subsequent to the submission of the cause on September 23, 1936, plaintiff in error filed his motion to dismiss his appeal, which, omitting title, reads:

Page 75

"Motion to Dismiss

"Comes now Carl Terry, the plaintiff in error in the above entitled and numbered cause and moves this court to dismiss the above entitled and numbered cause forthwith.