Allen v State

Allen v State
1945 OK CR 67
160 P.2d 419
81 Okl.Cr. 64
Decided: 06/27/1945
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Scope of Review Where no Brief Filed-Affirmance.

Appeal from County Court, Pontotoc County; Moss Wimbish, Judge.

Marion Allen was convicted of the crime of unlawful possession of intoxicating liquor, and appeals. Affirmed.

Wimbish & Wimbish, of Ada, for plaintiff in error.

Randell S. Cobb, Atty. Gen., J. Walker Field, Asst. Atty. Gen., and Wayne Lewis, Co. Atty., of Ada, for defendant in error.

BAREFOOT, P. J. Defendant, Marion Allen, was charged in the county court of Pontotoc county with the unlawful possession of intoxicating liquor, to wit: 27 pints of tax-paid whisky; was tried, convicted, and sentenced to, pay a fine of $50, and to serve 30 days in the county jail. From this judgment and sentence he has appealed.

A motion to dismiss the appeal has been filed in this case, for the reason that the appeal was not filed in the time required by law. No response has been filed to this motion, and no brief filed in behalf of the defendant.