Gardner v. State

Court of Criminal Appeals of Oklahoma

Gardner v. State

1921 OK CR 126, 198 P. 319, 19 Okla. Crim. 231, 1921 Okla. Crim. App. LEXIS 38

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 9, 1921

DocketNo. A-3668.

StatusPublished

This text of 1921 OK CR 126 (Gardner 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

Gardner v. State, 1921 OK CR 126, 198 P. 319, 19 Okla. Crim. 231, 1921 Okla. Crim. App. LEXIS 38 (Okla. Ct. App. 1921).

Pincite

Opinion

PER CURIAM.

The plaintiffs in error, George Gardner ■and Rose Gardner, were jointly informed against and tried and convicted upon an information filed in the superior court of Okmulgee county, at Henryetta, charging that they did have .possession of certain intoxicating liquors, to wit, sixteen gallons of Choctaw beer, with the intention on the part of them of ^selling the same, and in accordance with the verdict of the Jury they were each sentenced to be confined in the county .jail for a period of six months and to pay a fine of five hun•dred dollars. From the judgment they appealed by filing in this court on December 9, 1919, a petition in error with tran.script of the record. No briefs have been filed and no appearance made on behalf of the plaintiffs 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.

It appearing that the appeal herein has been abandoned, the judgment is affirmed and the cause remanded to the su *232 perior court of Okmulgee county, at Henryetta, with direction, to cause its judgment herein to be carried into execution. Mandate forthwith.

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PER CURIAM.

The plaintiffs in error, George Gardner ■and Rose Gardner, were jointly informed against and tried and convicted upon an information filed in the superior court of Okmulgee county, at Henryetta, charging that they did have .possession of certain intoxicating liquors, to wit, sixteen gallons of Choctaw beer, with the intention on the part of them of ^selling the same, and in accordance with the verdict of the Jury they were each sentenced to be confined in the county .jail for a period of six months and to pay a fine of five hun•dred dollars. From the judgment they appealed by filing in this court on December 9, 1919, a petition in error with tran.script of the record. No briefs have been filed and no appearance made on behalf of the plaintiffs 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.

It appearing that the appeal herein has been abandoned, the judgment is affirmed and the cause remanded to the su *232 perior court of Okmulgee county, at Henryetta, with direction, to cause its judgment herein to be carried into execution. Mandate forthwith.

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Bluebook (online)

1921 OK CR 126, 198 P. 319, 19 Okla. Crim. 231, 1921 Okla. Crim. App. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gardner-v-state-oklacrimapp-1921.