Smith v. State

Court of Criminal Appeals of Oklahoma

Smith v. State

1931 OK CR 19, 295 P. 230, 49 Okla. Crim. 413, 1931 Okla. Crim. App. LEXIS 15

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 10, 1931

DocketNo. A-7742.

StatusPublished

This text of 1931 OK CR 19 (Smith 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

Smith v. State, 1931 OK CR 19, 295 P. 230, 49 Okla. Crim. 413, 1931 Okla. Crim. App. LEXIS 15 (Okla. Ct. App. 1931).

Pincite

Opinion

EDWARDS, P. J.

The plaintiff in error was convicted in the county court of McIntosh county of having possession of intoxicating liquor, and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

The case was tried in October, 1929, and the appeal was lodged in this court in February, 1930. No briefs in support of the appeal have been filed, nor was there any appearance for oral argument at the time the case was submitted.

Where an appeal from a conviction for a misdemeanor is filed in this court, and no briefs in support of the same filed nor oral argument made, this court will not search the record to discover some error upon which to' predicate a reversal, but will examine the record for jurisdictional or fundamental errors, and to ascertain if the evidence reasonably supports the verdict and judgment. We find *414 no jurisdictional or fundamental error, and find that the evidence sustains the verdict and judgment.

The case is affirmed.

DAVENPORT and CHAPPELL, JJ., concur.

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

EDWARDS, P. J.

The plaintiff in error was convicted in the county court of McIntosh county of having possession of intoxicating liquor, and was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

The case was tried in October, 1929, and the appeal was lodged in this court in February, 1930. No briefs in support of the appeal have been filed, nor was there any appearance for oral argument at the time the case was submitted.

Where an appeal from a conviction for a misdemeanor is filed in this court, and no briefs in support of the same filed nor oral argument made, this court will not search the record to discover some error upon which to' predicate a reversal, but will examine the record for jurisdictional or fundamental errors, and to ascertain if the evidence reasonably supports the verdict and judgment. We find *414 no jurisdictional or fundamental error, and find that the evidence sustains the verdict and judgment.

The case is affirmed.

DAVENPORT and CHAPPELL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1931 OK CR 19, 295 P. 230, 49 Okla. Crim. 413, 1931 Okla. Crim. App. LEXIS 15, Counsel Stack Legal Research, https://law.counselstack.com/opinion/smith-v-state-oklacrimapp-1931.