Brice v. State

Court of Criminal Appeals of Oklahoma

Brice v. State

1922 OK CR 76, 205 P. 774, 21 Okla. Crim. 160, 1922 Okla. Crim. App. LEXIS 228

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 6, 1922

DocketNo. A-3890.

StatusPublished

This text of 1922 OK CR 76 (Brice 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

Brice v. State, 1922 OK CR 76, 205 P. 774, 21 Okla. Crim. 160, 1922 Okla. Crim. App. LEXIS 228 (Okla. Ct. App. 1922).

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Opinion

*161 General moved to affirm the judgment of the lower court.

PER CURIAM.

Plaintiff in error, E. Brice, was convicted in the county court of Tulsa county of having in his possession certain intoxicating liquor, to wit, 20 gallons of Choctaw beer, containing more than one-half of 1 per cent, alcohol, measured by volume, with intent to sell the same, and in accordance, with the verdict of the jury was sentenced to be confined in. the county jail for 120 days, and to pay a fine of $250 and the costs. From the judgment an appeal was duly perfected, but no brief has been filed, and no appearance made in this-court in behalf of the plaintiff in error, and for this reason, when the ease was called for final submission, the Attorney

In misdemeanor cases where no brief is filed or argument made, we do not consider it the duty of this court to make a careful examination of the testimony to determine whether or not the lower court erred in its rulings on the admission or rejection of testimony. In this case we have examined the information, the instructions of the court, and the judgment entered, and find no material error.

The judgment of the lower court is therefore affirmed.

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*161 General moved to affirm the judgment of the lower court.

PER CURIAM.

Plaintiff in error, E. Brice, was convicted in the county court of Tulsa county of having in his possession certain intoxicating liquor, to wit, 20 gallons of Choctaw beer, containing more than one-half of 1 per cent, alcohol, measured by volume, with intent to sell the same, and in accordance, with the verdict of the jury was sentenced to be confined in. the county jail for 120 days, and to pay a fine of $250 and the costs. From the judgment an appeal was duly perfected, but no brief has been filed, and no appearance made in this-court in behalf of the plaintiff in error, and for this reason, when the ease was called for final submission, the Attorney

In misdemeanor cases where no brief is filed or argument made, we do not consider it the duty of this court to make a careful examination of the testimony to determine whether or not the lower court erred in its rulings on the admission or rejection of testimony. In this case we have examined the information, the instructions of the court, and the judgment entered, and find no material error.

The judgment of the lower court is therefore affirmed.

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Bluebook (online)

1922 OK CR 76, 205 P. 774, 21 Okla. Crim. 160, 1922 Okla. Crim. App. LEXIS 228, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brice-v-state-oklacrimapp-1922.