Smith v State

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Smith v State
1946 OK CR 72
171 P.2d 268
82 Okl.Cr. 412
Decided: 07/25/1946
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Review-Failure to Argue or File Brief-Affirmance.

Appeal from Court of Common Pleas, Tulsa County; Grady S. Cornett, Judge.

Ora Davis Smith was convicted of driving a motor vehicle while he was under the influence of intoxicating liquor, and he appeals. Judgment affirmed.

Harold S. McArthur, of Tulsa, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., and J. Walker Field, Asst. Atty. Gen., for defendant in error.

BAREFOOT, J. Defendant, Ora Davis Smith, was charged in the court of common pleas of Tulsa county with the offense of driving a motor vehicle upon the highway of Tulsa county while under the influence of intoxicating liquor. He was tried, convicted, and assessed a fine of $75 and costs, and has appealed.

This case was submitted on May 22, 1946, and defendant was granted 15 days to file a brief, and no brief has been filed.

The evidence on the part of the state reveals that this defendant, on December 30, 1944, was arrested by a member of the State Highway Patrol, driving a pick-up truck on the public highway in Tulsa county, while under the

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