State v. Coussens

Court of Criminal Appeals of Oklahoma

State v. Coussens

1963 OK CR 95, 386 P.2d 644, 1963 Okla. Crim. App. LEXIS 193

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 6, 1963

DocketNo. A-13425

StatusPublished

This text of 1963 OK CR 95 (State v. Coussens) 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

State v. Coussens, 1963 OK CR 95, 386 P.2d 644, 1963 Okla. Crim. App. LEXIS 193 (Okla. Ct. App. 1963).

Pincite

Opinion

BUSSEY, Presiding Judge.

On August 23, 1963, a purported appeal was filed on behalf of the State of Oklahoma by the County Attorney, Cull Bivens, Jr., of LeFlore County, Oklahoma, in this Court, from a judgment of acquittal entered by the Honorable D. G. Hart, County Judge of LeFlore County, Oklahoma, finding one Herman Coussens not guilty of having violated the provisions of Title 29, Sec. 102.

Thereafter, this cause was set for oral argument and submission on the 16th day of October, 1963. No briefs having been, filed by the State nor appearance made, we follow the rule as set forth in State v. Humphrey, and cases cited therein that:

“Where the State appeals on a reserved question of law and no brief is filed and no appearance made when the case is called for submission, it may be assumed that the appeal has been abandoned and the judgment will be affirmed.” Okl.Cr.App., 186 P.2d 664.

We hold that in the instant case that, the State has abandoned its appeal and judgment of the lower court is accordingly affirmed.

NIX and JOHNSON, JJ., concur.

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