Hamilton v. State

1923 OK CR 52, 212 P. 447, 23 Okla. Crim. 69, 1923 Okla. Crim. App. LEXIS 149

• Court: Court of Criminal Appeals of Oklahoma
• Decided: February 17, 1923
• Docket: No. A-3944.
• Status: Published

Opinion

PEE CUEIAM.

Eay Hamilton was convicted in the district court of Delaware county on the 11th day oí November, 1920, of the crime of burglary in the second degree, and his punishment fixed at imprisonment in the penitentiary for a term of two years.

This appeal has been pending in this court since the 16th day of March, 1921. The cause was submitted on March 16,1922, at which time no appearance was made by any counsel representing plaintiff in error, but 20 days were allowed within which to file a brief herein. No brief has been filed in behalf of plaintiff in error.

Rule 9 of this court (12 Okla. Cr. viii, 165 Pac. x) provides :

“'When no counsel appears, and no briefs are filed, tbe court will examine tbe pleadings, tbe instructions of tbe court, and tbe exceptions taken thereto, and tbe judgment and sentence, and, if no prejudicial error appears, will affirm tbe judgment.”

An examination of tbe pleadings, instructions, and judgment and sentence discloses no prejudicial error, and tbe judgment is accordingly affirmed.