Burgess v. State

Court of Criminal Appeals of Oklahoma

Burgess v. State

1909 OK CR 133, 104 P. 916, 3 Okla. Crim. 127, 1909 Okla. Crim. App. LEXIS 212

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 25, 1909

DocketNo. 106.

StatusPublished

Cited by2 cases

This text of 1909 OK CR 133 (Burgess 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

Burgess v. State, 1909 OK CR 133, 104 P. 916, 3 Okla. Crim. 127, 1909 Okla. Crim. App. LEXIS 212 (Okla. Ct. App. 1909).

Pincite

Opinion

DOYLE, Judge.

The plaintiff in error, Shorty Burgess, was informed against, tried, and convicted, in the county court of Grady county, for the crime of' unlawfully selling intoxicating liquors, and was on the 28th day of October, 1908, sentenced to pay a fine of $250 and costs, and be confined in the county jail of Grady county for a jieriod of 30 days at hard labor, from which judgment and sentence plaintiff in error appealed to the Criminal Court of Appeals, by filing on March 1, 1909, with the clerk o£ this court, his petition in error and case-made.

No briefs have been, filed, and we are not advised as to what plaintiff in error complains of or relies upon for a reversal of said judgment. On October 21, 1909, there was filed with the clerk of this court a dismissal of said appeal by F. E. Riddle, as attorney for plaintiff in error. In cases of this kind, where motion to dismiss the appeal has been filed on the part of the plaintiff in error, we do not consider it the dutjr of this court to go into an examination of the record as presented to determine whether or. nqt the trial court erred in the trial of the cause.

It is therefore ordered that the appeal in the above-entitled cause be, and the same is-hereby dismissed. The clerk of this court will issue a mandate to the county court of Grady county, directing said county court to cause the judgment and sentence to - be enforced.

FURMAN, Presiding Judge, and OWEN, Judge, concur.

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

DOYLE, Judge.

The plaintiff in error, Shorty Burgess, was informed against, tried, and convicted, in the county court of Grady county, for the crime of' unlawfully selling intoxicating liquors, and was on the 28th day of October, 1908, sentenced to pay a fine of $250 and costs, and be confined in the county jail of Grady county for a jieriod of 30 days at hard labor, from which judgment and sentence plaintiff in error appealed to the Criminal Court of Appeals, by filing on March 1, 1909, with the clerk o£ this court, his petition in error and case-made.

No briefs have been, filed, and we are not advised as to what plaintiff in error complains of or relies upon for a reversal of said judgment. On October 21, 1909, there was filed with the clerk of this court a dismissal of said appeal by F. E. Riddle, as attorney for plaintiff in error. In cases of this kind, where motion to dismiss the appeal has been filed on the part of the plaintiff in error, we do not consider it the dutjr of this court to go into an examination of the record as presented to determine whether or. nqt the trial court erred in the trial of the cause.

It is therefore ordered that the appeal in the above-entitled cause be, and the same is-hereby dismissed. The clerk of this court will issue a mandate to the county court of Grady county, directing said county court to cause the judgment and sentence to - be enforced.

FURMAN, Presiding Judge, and OWEN, Judge, concur.

Cite This Page — Counsel Stack

Bluebook (online)

1909 OK CR 133, 104 P. 916, 3 Okla. Crim. 127, 1909 Okla. Crim. App. LEXIS 212, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burgess-v-state-oklacrimapp-1909.

Opinion

Related

Cite This Page — Counsel Stack