HOLDEN v. STATE

HOLDEN v. STATE
1954 OK CR 83
272 P.2d 575
Case Number: A-12012
Decided: 06/23/1954
Oklahoma Court of Criminal Appeals

Appeal from the County Court of Comanche County, S.R. Harper, J.

Oerke & Crane, Lawton, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for defendant in error.

JONES, Judge.

¶1 This is an appeal from a conviction sustained in the County Court of Comanche County wherein Roy James Holden was sentenced to pay a fine of $150 for the offense of driving an automobile on a public highway while under the influence of intoxicating liquor.

¶2 This case was duly assigned in its regular order for oral argument. At that time there was no appearance on behalf of the accused and no brief has been filed. In accordance with the rules of this court, under such condition we examine the record for fundamental error and if none is found, the judgment and sentence will be affirmed.

¶3 The proof of the State showed that the accused, while intoxicated, drove a pickup truck on certain streets of the City of Lawton and on Highway No. 7. The information correctly stated the offense, the instructions fairly submitted the issues to the jury and we find no fundamental error.

¶4 The judgment and sentence of the County Court of Comanche County is affirmed.

POWELL, P.J., and BRETT, J., concur.