Alcorn v. State

Court of Criminal Appeals of Oklahoma

Alcorn v. State

1931 OK CR 394, 2 P.2d 973, 52 Okla. Crim. 67, 1931 Okla. Crim. App. LEXIS 384

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 5, 1931

DocketNo. A-8119.

StatusPublished

This text of 1931 OK CR 394 (Alcorn v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alcorn v. State, 1931 OK CR 394, 2 P.2d 973, 52 Okla. Crim. 67, 1931 Okla. Crim. App. LEXIS 384 (Okla. Ct. App. 1931).

Pincite

Opinion

DAVENPORT, P. J.

The plaintiff in error was convicted in the county court of Lincoln county of having possession of intoxicating liquor, to wit, 16 half pints of corn whisky, containing more than one-half of 1 per cent, alcohol, measured by volume and capable of being used as a beverage, with the intent then and there on the part of the said Ik C. Alcorn to- sell, barter, give away, or otherwise furnish same, and his punishment fixed at 30 days in jail and a fine of $50. Prom which judgment the defendant appeals.

The petition in error and case-made was filed in this court on the 23d day of March, 1931. No further appearance has been made by the plaintiff in error, nor any further extension asked for time to file brief in support of the assignments of error.

Where no brief is filed and no- personal appearance made, this court presumes that the appeal is without merit or has been abandoned. We have carefully examined the record and find that the- information properly charged an offense; that the defendant was accorded a fair and impartial trial; that no fundamental or prejudicial errors appear in the record.

The judgment of the trial court is affirmed.

EDWARDS and CHAPPELL, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DAVENPORT, P. J.

The plaintiff in error was convicted in the county court of Lincoln county of having possession of intoxicating liquor, to wit, 16 half pints of corn whisky, containing more than one-half of 1 per cent, alcohol, measured by volume and capable of being used as a beverage, with the intent then and there on the part of the said Ik C. Alcorn to- sell, barter, give away, or otherwise furnish same, and his punishment fixed at 30 days in jail and a fine of $50. Prom which judgment the defendant appeals.

The petition in error and case-made was filed in this court on the 23d day of March, 1931. No further appearance has been made by the plaintiff in error, nor any further extension asked for time to file brief in support of the assignments of error.

Where no brief is filed and no- personal appearance made, this court presumes that the appeal is without merit or has been abandoned. We have carefully examined the record and find that the- information properly charged an offense; that the defendant was accorded a fair and impartial trial; that no fundamental or prejudicial errors appear in the record.

The judgment of the trial court is affirmed.

EDWARDS and CHAPPELL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1931 OK CR 394, 2 P.2d 973, 52 Okla. Crim. 67, 1931 Okla. Crim. App. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alcorn-v-state-oklacrimapp-1931.