O'Banion v. State

Court of Criminal Appeals of Oklahoma

O'Banion v. State

1925 OK CR 534, 240 P. 1117, 32 Okla. Crim. 222, 1925 Okla. Crim. App. LEXIS 560

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 5, 1925

DocketNo. A-5175.

StatusPublished

This text of 1925 OK CR 534 (O'Banion 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

O'Banion v. State, 1925 OK CR 534, 240 P. 1117, 32 Okla. Crim. 222, 1925 Okla. Crim. App. LEXIS 560 (Okla. Ct. App. 1925).

Pincite

Opinion

PER CURIAM.

The appellant, here referred to as the defendant, was by verdict of a jury found guilty of the illegal sale of 10 grains of morphine. The court fixed his punishment at confinement in the penitentiary for a term of 2 years. No briefs have been filed in support of this appeal, although the time for filing briefs is long since past, and although the defendant and his counsel have been given opportunity to brief out of time. Under the rules of this court, the cause having been submitted on the record, the record has been examined. We find that the information sufficiently states the offense of illegally disposing of narcotic drugs, that there is ample evidence to support the verdict, that the instructions of the court were fair to the accused and correctly stated the law of the case, and that from the whole record it appears that the defendant was accorded a fair trial. The judgment of the trial court is therefore affirmed.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

The appellant, here referred to as the defendant, was by verdict of a jury found guilty of the illegal sale of 10 grains of morphine. The court fixed his punishment at confinement in the penitentiary for a term of 2 years. No briefs have been filed in support of this appeal, although the time for filing briefs is long since past, and although the defendant and his counsel have been given opportunity to brief out of time. Under the rules of this court, the cause having been submitted on the record, the record has been examined. We find that the information sufficiently states the offense of illegally disposing of narcotic drugs, that there is ample evidence to support the verdict, that the instructions of the court were fair to the accused and correctly stated the law of the case, and that from the whole record it appears that the defendant was accorded a fair trial. The judgment of the trial court is therefore affirmed.

Cite This Page — Counsel Stack

Bluebook (online)

1925 OK CR 534, 240 P. 1117, 32 Okla. Crim. 222, 1925 Okla. Crim. App. LEXIS 560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/obanion-v-state-oklacrimapp-1925.