Thompson v State

Thompson v State
1945 OK CR 115
162 P.2d 1023
81 Okl.Cr. 253
Decided: 10/31/1945
Oklahoma Court of Criminal Appeals

(Syllabus.)

1. Appeal and Error-Scope of Review in Absence of Briefs and Appearance of Counsel-Affirmance. Rule 9 of the Criminal Court of Appeals 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.

2. Same No Prejudicial or Fundamental Error Revealed on Examination of Transcript. An examination of the transcript filed does not reveal any prejudicial or fundamental error, and this case is therefore affirmed.

Appeal from District Court, Oklahoma County; Albert C. Hunt, Judge.

Roy Thompson was convicted of the crime of pandering, and he appeals. Affirmed.

Ralph Tawlings and Lillard & Tant, all of Oklahoma City, for plaintiff in error.

Randell S. Cobb, Atty. Gen., and George Miskovsky, Co. Atty., of Oklahoma City, for defendant in error.

BAREFOOT, P. J. Defendant, Roy Thompson, was charged in the district court of Oklahoma county with the crime of pandering, was tried, convicted and sentenced by the court to serve a term of 12 years in the State Penitentiary, and to pay a fine of $500 and the costs, and has appealed.

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The appeal in this case is by transcript. The evidence given at the trial does not appear in the record.

When the case was assigned for oral argument, no appearance was made for defendant, and no brief has been filed. Rule 9 of this court is as follows: