Sherman v. State

1915 OK CR 190, 151 P. 486, 12 Okla. Crim. 16, 1915 Okla. Crim. App. LEXIS 188

Opinion

ARMSTRONG, J.

The plaintiff in error, Charley Sherman, was convicted at the February, 1913, term of the District Court of Noble county on a charge of incest, and his punishment fixed at imprisonment in the state penitentiary for a period of ten years.

The attorney general has filed a confession in error in this cause, based upon the ground that there is no competent evidence in the record upon which to base a judgment of conviction. A careful examination of the record by the court discloses the correctness of the attorney general’s position. The confession in error is therefore sustained.

No good purpose could be served by a discussion of the errors assigned. The judgment is reversed upon the ground that the evidence is insufficient to justify the conviction.

DOYLE, P. J., concurs; EURMAN, J., absent.