Lewis v. State

Court of Criminal Appeals of Oklahoma

Lewis v. State

1930 OK CR 290, 289 P. 786, 48 Okla. Crim. 52, 1930 Okla. Crim. App. LEXIS 38

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 14, 1930

DocketNo. A-7113.

StatusPublished

This text of 1930 OK CR 290 (Lewis 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

Lewis v. State, 1930 OK CR 290, 289 P. 786, 48 Okla. Crim. 52, 1930 Okla. Crim. App. LEXIS 38 (Okla. Ct. App. 1930).

Pincite

Opinion

PER CURIAM.

The plaintiff in error herein was convicted in the district court of Greer county of the crime of manslaughter in the first degree, and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of ten years.

The appeal in this case was lodged in this court on the 10th day of July, 1928. No briefs have been filed on behalf of plaintiff in error, and the cause was submitted on the oral argument of counsel for plaintiff in error.

The petition in error recites two grounds for a reversal of this judgment, the first being that the verdict is contrary to the evidence. A careful examination of the record discloses sufficient evidence to support the verdict of the jury.

It is also urged that the court committed error in overruling the motion for new trial because of misconduct of the county attorney in his closing arguments to the jury. The record fails to disclose the statements made by the county attorney in his closing argument, • any finding of the court as to what was said, any objections taken by plaintiff in error to the statements made, and counsel admit in their petition in error that they did not object to the statements at the time. The uniform holding of this court is that the state of the record in this case presents no question for the consideration of this court on íhe point involved.

No error being apparent in file entire record, the cause is affirmed.

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PER CURIAM.

The plaintiff in error herein was convicted in the district court of Greer county of the crime of manslaughter in the first degree, and his punishment fixed by the jury at imprisonment in the state penitentiary for a period of ten years.

The appeal in this case was lodged in this court on the 10th day of July, 1928. No briefs have been filed on behalf of plaintiff in error, and the cause was submitted on the oral argument of counsel for plaintiff in error.

The petition in error recites two grounds for a reversal of this judgment, the first being that the verdict is contrary to the evidence. A careful examination of the record discloses sufficient evidence to support the verdict of the jury.

It is also urged that the court committed error in overruling the motion for new trial because of misconduct of the county attorney in his closing arguments to the jury. The record fails to disclose the statements made by the county attorney in his closing argument, • any finding of the court as to what was said, any objections taken by plaintiff in error to the statements made, and counsel admit in their petition in error that they did not object to the statements at the time. The uniform holding of this court is that the state of the record in this case presents no question for the consideration of this court on íhe point involved.

No error being apparent in file entire record, the cause is affirmed.

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Bluebook (online)

1930 OK CR 290, 289 P. 786, 48 Okla. Crim. 52, 1930 Okla. Crim. App. LEXIS 38, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-state-oklacrimapp-1930.