Boles v State

Boles v State
1937 OK CR 154
72 P.2d 403
62 Okl.Cr. 404
Decided: 09/23/1937
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Scope of Review of Felony Case Where Counsel Fail to File Brief or Appear for Argument. Where an appeal is taken upon a conviction for a felony, and no briefs are filed, and counsel for plaintiff in error fail to appear and make argument when the case is set for submission, this court will read the evidence to ascertain if it supports the verdict, and will examine the record for jurisdictional errors, and, if none appear, the judgment will be affirmed.

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2. Same--Record Held to Show No Fundamental Error in Conviction for Obtaining Money Under False Pretenses. No fundamental or prejudicial errors are shown by the record.

Appeal from District Court, Oklahoma County; G. H. Giddings, Judge.

A. C. Boles was convicted of obtaining money under false pretenses, and he appeals. Judgment affirmed.

Jean P. Day, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for the State.

DAVENPORT, P. J. The plaintiff in error, the defendant in the trial court, was by information charged with obtaining money under false pretenses; was tried, convicted, and sentenced to serve a term of three years in the state penitentiary and fined $1,000. From the judgment and sentence the defendant, A. C. Boles, has appealed.

His appeal was filed in this court on March 1, 1937. The case was on the 25th day of May, 1937, submitted on the record, and defendant given 30 days in which to file his brief. It has been about four months since the case was submitted and no brief has been filed by the defendant and no showing made why the brief has not been filed.

Where a case has been appealed to this court and no brief is filed, this court will examine the record and see if there were any fundamental or prejudicial errors committed by the trial court. Williams v. State, 9 Okla. Cr. 185, 130 Pac. 1177; Northcutt v. State, 22 Okla. Cr. 410, 211 Pac. 521; Arthurs et al. v. State, 35 Okla. Cr. 126, 127, 248 Pac. 873; Fullingame v. State, 35 Okla. Cr. 154, 249 Pac. 166; Poole v. State, 37 Okla. Cr. 59, 256 Pac. 67.

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