Lennox v. State

Court of Criminal Appeals of Oklahoma

Lennox v. State

1961 OK CR 90, 365 P.2d 394, 1961 Okla. Crim. App. LEXIS 194

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 27, 1961

DocketNo. A-13047

StatusPublished

This text of 1961 OK CR 90 (Lennox 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

Lennox v. State, 1961 OK CR 90, 365 P.2d 394, 1961 Okla. Crim. App. LEXIS 194 (Okla. Ct. App. 1961).

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Opinion

BUSSEY, Judge.

This is an appeal from a conviction, judgment and sentence based on an information filed in the District Court of Harmon County, Oklahoma, charging James McDonald, S. D. Lennox, and Leon Taylor with the offense of Grand Larceny while acting together and in concert on July 29, 1960. Separate trials were granted, a jury was impaneled and the case was tried wherein defendant was found guilty and sentenced to serve a term of one year and one day in the State Penitentiary. From this judgment and sentence this appeal has been perfected.

Oral argument was set for July 26, 1961, at which time neither the defendant nor counsel appeared and no brief was filed. Under these conditions this court has repeatedly held that we can search the record only for fundamental error and none being found the judgment and sentence will be [395]*395affirmed. Hulsey v. State, 82 Okl.Cr. 332, 169 P.2d 771; Epps v. State, 69 Okl.Cr. 460, 104 P.2d 262; Riner v. State, 82 Okl.Cr. 442, 172 P.2d 345.

We have carefully examined the record and find that it supports the conviction and is free from fundamental error. The same is therefore affirmed.

NIX, P. J., and BRETT, J., concur.

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BUSSEY, Judge.

This is an appeal from a conviction, judgment and sentence based on an information filed in the District Court of Harmon County, Oklahoma, charging James McDonald, S. D. Lennox, and Leon Taylor with the offense of Grand Larceny while acting together and in concert on July 29, 1960. Separate trials were granted, a jury was impaneled and the case was tried wherein defendant was found guilty and sentenced to serve a term of one year and one day in the State Penitentiary. From this judgment and sentence this appeal has been perfected.

Oral argument was set for July 26, 1961, at which time neither the defendant nor counsel appeared and no brief was filed. Under these conditions this court has repeatedly held that we can search the record only for fundamental error and none being found the judgment and sentence will be [395]*395affirmed. Hulsey v. State, 82 Okl.Cr. 332, 169 P.2d 771; Epps v. State, 69 Okl.Cr. 460, 104 P.2d 262; Riner v. State, 82 Okl.Cr. 442, 172 P.2d 345.

We have carefully examined the record and find that it supports the conviction and is free from fundamental error. The same is therefore affirmed.

NIX, P. J., and BRETT, J., concur.

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Bluebook (online)

1961 OK CR 90, 365 P.2d 394, 1961 Okla. Crim. App. LEXIS 194, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lennox-v-state-oklacrimapp-1961.

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