Foster v. State

1925 OK CR 44, 232 P. 858, 29 Okla. Crim. 96, 1925 Okla. Crim. App. LEXIS 37
CourtCourt of Criminal Appeals of Oklahoma
DecidedJanuary 31, 1925
DocketNo. A-4755.
StatusPublished

This text of 1925 OK CR 44 (Foster 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
Foster v. State, 1925 OK CR 44, 232 P. 858, 29 Okla. Crim. 96, 1925 Okla. Crim. App. LEXIS 37 (Okla. Ct. App. 1925).

Opinion

DOYiLE, J.

The plaintiff in error, C. L. Foster, was convicted on an information charging that he did have possession of intoxicating iiquor with the unlawful intent of selling the same, and his punishment fixed at a fine of $50 and 120 days’ confinement in the county jail. From the judgment an appeal was perfected by filing in this court on June 28, 1923, a petition in error with case-made.

No brief has been filed, and no appearance made on behalf of plaintiff in error in this court. When the case was called for final, submission, the Attorney General moved to affirm the judgment for failure to prosecute the appeal.

*97 After an examination of the record, we find the evidence sufficient to sustain the verdict, and there is no prejudicial error in the record upon the admission of testimony. It appears that the instructions fairly covered the law of the case, and we are unable to find any error in the record.

The judgment of the lower court is, accordingly, affirmed.

BESSEY, P. J., and EDWARDS, J., concur.

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Bluebook (online)
1925 OK CR 44, 232 P. 858, 29 Okla. Crim. 96, 1925 Okla. Crim. App. LEXIS 37, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-state-oklacrimapp-1925.