MORRIS v. STATE

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MORRIS v. STATE
1959 OK CR 2
348 P.2d 546
Case Number: A-12807
Decided: 01/06/1959
Oklahoma Court of Criminal Appeals

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

Upton Morris was convicted of the crime of lewdness, and appeals. Judgment affirmed.

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

Mac Q. Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

POWELL, Presiding Judge.

¶1 Upton Morris was charged by information filed in the County Court of Choctaw County with the crime of lewdness, was tried before a jury and convicted. His punishment was fixed at sixty days confinement in the county jail.

¶2 The petition in error and casemade were filed in this Court on August 10, 1959. A brief was due twenty days thereafter, but on September 16, 1959 plaintiff in error was given thirty days additional time in which to file brief. Thereafter, on October 28, 1959 the case came on for oral argument. No one appeared to argue the case, and to date brief has not been filed.

¶3 We have examined the record for fundamental error, and none appears therein. The defendant was involved in sexual orgies with a young boy. The jury was extremely lenient.

¶4 Under the record the case must be, and is affirmed. Patterson v. State, 97 Okl.Cr. 252, 261 P.2d 903, and cases cited.

NIX and BRETT, JJ., concur.