Miller v. State

Court of Criminal Appeals of Oklahoma

Miller v. State

1916 OK CR 7, 153 P. 1166, 12 Okla. Crim. 223, 1916 Okla. Crim. App. LEXIS 15

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 5, 1916

DocketNo. A-2465.

StatusPublished

This text of 1916 OK CR 7 (Miller 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

Miller v. State, 1916 OK CR 7, 153 P. 1166, 12 Okla. Crim. 223, 1916 Okla. Crim. App. LEXIS 15 (Okla. Ct. App. 1916).

Pincite

Opinion

PER CURIAM.

Joe Miller, plaintiff in error was tried and convicted upon an information charging him with pointing a pistol at and towards one Mathan Perryman, and lie was sentenced to pay a fine of fifty dollars and be confined in the county jail for a period of nine clays. From the judgment an appeal was taken by filing in this court on May 15, 1915, a petition in error with a certified transcript of the record.

The errors assigned question the sufficiency of the verification of the information, and that the record fails to disclose that the defendant was present either in person or by counsel on the day upon which he was sentenced.

No brief had been filed when the case was called for the final submission, no appearance was made in behalf of the.plaintiff in error, whereupon the attorney general moved that the judgment be affirmed for failure to prosecute the appeal.

An examination of the transcript discloses that no exceptions were taken to the sufficiency of the. information or to any proceeding had upon the trial. There being nothing to review, the judgment is affirmed and the cause remanded to the trial court with direction to enforce its judgment therein. Mandate forthwith.

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PER CURIAM.

Joe Miller, plaintiff in error was tried and convicted upon an information charging him with pointing a pistol at and towards one Mathan Perryman, and lie was sentenced to pay a fine of fifty dollars and be confined in the county jail for a period of nine clays. From the judgment an appeal was taken by filing in this court on May 15, 1915, a petition in error with a certified transcript of the record.

The errors assigned question the sufficiency of the verification of the information, and that the record fails to disclose that the defendant was present either in person or by counsel on the day upon which he was sentenced.

No brief had been filed when the case was called for the final submission, no appearance was made in behalf of the.plaintiff in error, whereupon the attorney general moved that the judgment be affirmed for failure to prosecute the appeal.

An examination of the transcript discloses that no exceptions were taken to the sufficiency of the. information or to any proceeding had upon the trial. There being nothing to review, the judgment is affirmed and the cause remanded to the trial court with direction to enforce its judgment therein. Mandate forthwith.

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Bluebook (online)

1916 OK CR 7, 153 P. 1166, 12 Okla. Crim. 223, 1916 Okla. Crim. App. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-oklacrimapp-1916.