Lincoln v. State
This text of 1950 OK CR 26 (Lincoln 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.
Opinion
The defendant, Jack Lincoln, was charged in the common pleas court of Oklahoma county, with the unlawful possession of intoxicating liquor, was tried, convicted, and pursuant to the verdict of the jury, was sentenced to serve six months in the county jail and to pay a fine of $500 and costs, and has appealed.
No brief has been filed on behalf of the defendant and no appearance was made in his behalf at the time said cause was set for oral argument.
Rule Nine of the Criminal Court of Appeals provides:
“When no counsel appears, and no briefs are filed, the court will examine the pleadings, the instructions of the court and the exceptions taken thereto, and the judgment and sentence and if no prejudicial error appeal’s will affirm the judgment.”
Certain officers of Oklahoma county, armed with a search warrant, searched a truck in a garage in Oklahoma City, and found 338 pints of whisky. The garage owner testified that the truck was brought into his place of business for repairs by the defendant. The defendant admitted that the whisky belonged to him. There are no substantial errors.
The judgment and sentence of the common pleas court of Oklahoma county is affirmed.
Free access — add to your briefcase to read the full text and ask questions with AI
Cite This Page — Counsel Stack
1950 OK CR 26, 215 P.2d 580, 91 Okla. Crim. 28, 1950 Okla. Crim. App. LEXIS 181, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lincoln-v-state-oklacrimapp-1950.