Brown v State

Brown v State
1947 OK CR 87
184 P.2d 120
84 Okl.Cr. 441
Decided: 08/20/1947
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error-Review-Failure of Defendant to File Briefs--Affirmed.

Page 442

the verdict, and examine the pleadings, instructions of the court, and the judgment; and if no material error is apparent, the judgment will be affirmed.

Appeal from County Court, Choctaw County; Eugene D. Ellis, Judge.

John Brown was convicted for unlawful possession of tax-paid whisky, and he appeals. Affirmed.

O. A. Brewer, of Hugo, for plaintiff in error.

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

BRETT, J. This is an appeal from the county court of Choctaw county, Okla., wherein John Brown was charged, by information, on November 19, 1943, with the offense of unlawful possession of 47 half-pints tax-paid whisky, convicted, on a plea of guilty on February 29, 1944, and sentenced on September 15, 1945, to 30 days in jail and to pay a fine of $100.

No brief has been filed in this case and no appearance on behalf of the defendant made at the time said cause was set for hearing, November 13, 1946, or at any time subsequent thereto. Where the defendant appeals from a judgment of conviction, and neither any brief is filed nor appearance for oral argument made, we do. not consider it the duty of this court to go into a careful examination of the evidence to determine whether or not the trial court erred in the admission or rejection of testimony. This court will examine the record for jurisdictional errors. If no fundamental error appears, the judgment will be affirmed. We have examined the record and find that the information is sufficient to charge the offense of unlawful possession of intoxicating liquor.