Harris v State

Harris v State
1941 OK CR 160
119 P.2d 253
73 Okl.Cr. 201
Decided: 11/19/1941
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Rule of Court Applying Where no Brief Filed-Review-Affirmance.

Appeal from Court of Common Pleas, Oklahoma County; Chas. W. Conner, Judge.

J. W. Harris was convicted of the crime of unlawfully transporting intoxicating liquor, and he appeals. Affirmed.

Mac Q. Williamson, Atty. Gen., J. Walker Field, Asst. Atty. Gen., and Lewis R. Morris, Co. Atty., of Oklahoma City, for the State.

Jim B. Barnett, of Oklahoma City, for defendant.

Page 202

PER CURIAM. Defendant, J. W. Harris, was charged in the court of common pleas of Oklahoma county with the crime of transporting intoxicating liquor, to wit, 30 pints of tax-paid whisky and three pints of gin, was tried by the court without the intervention of a jury, was convicted and sentenced on the 6th day of January, 1941, to serve 30 days in the county jail and pay a fine of $50, and he appeals.

The record in this case was filed in this court on the 6th day of May, 1941. No brief has been filed in support of the defendant's assignment of errors. This case was submitted on the 13th day of November, 1941, after notice given to attorneys, on a motion to dismiss filed by the Attorney General for the reason that no brief had been filed by defendant. The time permitted by the rules of this court for the filing of brief in this case has long ago expired, and there has been no request for extension.

Rule 9 of this court provides:

"When no counsel appears, and no briefs are filed, the court will examine the pleadings, the instructions of the court, and the exceptions taken thereto, and the judgment and sentence, and if no prejudicial error appears, will affirm the judgment."