Rieckert v. State

Court of Criminal Appeals of Oklahoma

Rieckert v. State

1943 OK CR 133, 144 P.2d 117, 78 Okla. Crim. 111, 1943 Okla. Crim. App. LEXIS 128

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 22, 1943

DocketNo. A-10280.

StatusPublished

Cited by1 cases

This text of 1943 OK CR 133 (Rieckert 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.

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Rieckert v. State, 1943 OK CR 133, 144 P.2d 117, 78 Okla. Crim. 111, 1943 Okla. Crim. App. LEXIS 128 (Okla. Ct. App. 1943).

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Opinion

JONES, P. J.

The defendant, Reuben Rieckert, was charged in the district court of Garfield county with the crime of assault with intent to commit a felony, was tried, convicted and sentenced to serve five years in the State Penitentiary, and has appealed.

The appeal was filed in this court on May 25, 1942. On March 24, 1943, said case was assigned for oral argument. No appearance was made on that occasion and no briefs have been filed on behalf of defendant.

Where the defendant appeals from a judgment of conviction and no briefs are filed, nor argument presented, this court - will examine the evidence and ascertain, if it supports the verdict, and will'make an examination of the *112 information, instructions excepted to, and the judgment, and if no material error is apparent, the judgment will be affirmed. Epps v. State, 69 Okla. Cr. 460, 104 P. 2d 262; Hiett v. State, 75 Okla. Cr. 190, 129 P. 2d 866.

An examination of this record discloses that defendant was positively identified as being the individual who struck the complaining witness over the head with a large bottle concealed in a paper sack, knocking the complainant down but not rendering him unconscious. That the defendant attempted to rob the complainant but the complainant struggled so fiercely that the defendant desisted in his attack upon the complainant and fled. He was arrested a few minutes later and identified as the assailant. The defense was in the nature of an alibi.

We have carefully considered the record and find no fundamental error. The evidence is sufficient to support the judgment.

It is therefore ordered that the judgment of the district court of Garfield county be and the same is hereby affirmed.

BAREFOOT, J., concurs. DOYLE, J., not participating.

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JONES, P. J.

The defendant, Reuben Rieckert, was charged in the district court of Garfield county with the crime of assault with intent to commit a felony, was tried, convicted and sentenced to serve five years in the State Penitentiary, and has appealed.

The appeal was filed in this court on May 25, 1942. On March 24, 1943, said case was assigned for oral argument. No appearance was made on that occasion and no briefs have been filed on behalf of defendant.

Where the defendant appeals from a judgment of conviction and no briefs are filed, nor argument presented, this court - will examine the evidence and ascertain, if it supports the verdict, and will'make an examination of the *112 information, instructions excepted to, and the judgment, and if no material error is apparent, the judgment will be affirmed. Epps v. State, 69 Okla. Cr. 460, 104 P. 2d 262; Hiett v. State, 75 Okla. Cr. 190, 129 P. 2d 866.

An examination of this record discloses that defendant was positively identified as being the individual who struck the complaining witness over the head with a large bottle concealed in a paper sack, knocking the complainant down but not rendering him unconscious. That the defendant attempted to rob the complainant but the complainant struggled so fiercely that the defendant desisted in his attack upon the complainant and fled. He was arrested a few minutes later and identified as the assailant. The defense was in the nature of an alibi.

We have carefully considered the record and find no fundamental error. The evidence is sufficient to support the judgment.

It is therefore ordered that the judgment of the district court of Garfield county be and the same is hereby affirmed.

BAREFOOT, J., concurs. DOYLE, J., not participating.

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Bluebook (online)

1943 OK CR 133, 144 P.2d 117, 78 Okla. Crim. 111, 1943 Okla. Crim. App. LEXIS 128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rieckert-v-state-oklacrimapp-1943.

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