Simms v. State

Court of Criminal Appeals of Oklahoma

Simms v. State

1928 OK CR 114, 265 P. 146, 39 Okla. Crim. 333, 1928 Okla. Crim. App. LEXIS 320

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 17, 1928

DocketNo. A-5556.

StatusPublished

This text of 1928 OK CR 114 (Simms 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

Simms v. State, 1928 OK CR 114, 265 P. 146, 39 Okla. Crim. 333, 1928 Okla. Crim. App. LEXIS 320 (Okla. Ct. App. 1928).

Pincite

Opinion

PEE CURIAM.

Plaintiffs in error, Sammy Simms and Bertha Jackson, were jointly charged, tried, and convicted on an information for possession of 35 gallons of Choctaw beer, ten gallons of wine and one gallon of whisky with the unlawful intent to sell the same. From the judgment rendered on the verdict, an appeal was perfected by filing in this court April 4, 19'25, a petition in error with case-made. On April 1, 1926, permission to withdraw the record for a period of ten days at risk of plaintiffs in error was granted by Bessey, presiding judge, which record has never been returned to this court, and no response has been made to orders of the court directing the return of the same.

On April 12, 1926, brief was filed. On June 11, 1926, supplemental brief was filed.

Plaintiffs in error, having failed to cause said record so withdrawn to be returned as ordered, "have waived their right to have their appeal herein determined.

It is therefore ordered and adjudged that the appeal herein be dismissed, and the cause remanded, with direction to cause its judgment therein to be carried into execution.

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PEE CURIAM.

Plaintiffs in error, Sammy Simms and Bertha Jackson, were jointly charged, tried, and convicted on an information for possession of 35 gallons of Choctaw beer, ten gallons of wine and one gallon of whisky with the unlawful intent to sell the same. From the judgment rendered on the verdict, an appeal was perfected by filing in this court April 4, 19'25, a petition in error with case-made. On April 1, 1926, permission to withdraw the record for a period of ten days at risk of plaintiffs in error was granted by Bessey, presiding judge, which record has never been returned to this court, and no response has been made to orders of the court directing the return of the same.

On April 12, 1926, brief was filed. On June 11, 1926, supplemental brief was filed.

Plaintiffs in error, having failed to cause said record so withdrawn to be returned as ordered, "have waived their right to have their appeal herein determined.

It is therefore ordered and adjudged that the appeal herein be dismissed, and the cause remanded, with direction to cause its judgment therein to be carried into execution.

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Bluebook (online)

1928 OK CR 114, 265 P. 146, 39 Okla. Crim. 333, 1928 Okla. Crim. App. LEXIS 320, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simms-v-state-oklacrimapp-1928.