Morse v. State

1968 OK CR 51, 438 P.2d 309, 1968 Okla. Crim. App. LEXIS 292

• Court: Court of Criminal Appeals of Oklahoma
• Decided: February 28, 1968
• Docket: A-14502
• Status: Published

Opinion

NIX, Presiding Judge:

Plaintiff in Error, Clayton L. Morse, was charged by information in the District Court of Grady County with the crime of Child Beating. He was tried by a jury, found guilty, and sentenced to Two Years in the penitentiary. From that judgment and sentence he has appealed to this Court.

This cause was filed on November 3, 1967. A brief was due to be filed by December 3, 1967. None was filed, nor an extension of time requested by that date. Therefore, on December 28, 1967, this cause was summarily submitted by order of the Court, in accordance with Rules 6 and 9 of this Court

This Court has consistently and repeatedly held, as in the case of Crolley v. State, Okl.Cr., 377 P.2d 63:

“Where the defendant appeals from a Judgment of conviction and no briefs are filed in support of the petition in error this Court will examine the records only for fundamental error. If none appears of record the Judgment will he affirmed.”

We have carefully examined the record in the instant case, and find no fundamental error. The testimony establishes the crime committed. 'The defendant had no defense other than the excuse “he was so drunk, he didn’t know what he was doing”, and that he didn’t remember hitting the child. Intoxication is no defense to any crime, and most particularly no defense for a grown man to mistreat and beat a small child to the degree of severity that hospitalization is required.

This Court is of the opinion that this evidence amply supports the verdict of the jury, and that there is no fundamental error. The judgment and sentence of the trial court is affirmed.

BUSSEY and BRETT, JJ., concur.