Vanderpool v. State

Court of Criminal Appeals of Oklahoma

Vanderpool v. State

1929 OK CR 72, 274 P. 902, 42 Okla. Crim. 167, 1929 Okla. Crim. App. LEXIS 332

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 2, 1929

DocketNo. A-6500.

StatusPublished

This text of 1929 OK CR 72 (Vanderpool 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

Vanderpool v. State, 1929 OK CR 72, 274 P. 902, 42 Okla. Crim. 167, 1929 Okla. Crim. App. LEXIS 332 (Okla. Ct. App. 1929).

Pincite

Opinion

PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted' in the county court of *168 Ottawa county of having the unlawful possession of intoxicating liquor, and his punishment was fixed at a fine of $50 and confinement in the county jail for a period of 30 days.

The case was tried in December, 1926, and the appeal was lodged in this court in February, 1927. No briefs in support of the appeal have been filed, and no appearance for oral argument was made at the time the case was submitted.

Where an appeal is prosecuted to this court upon conviction for a misdemeanor, and no briefs in support thereof are filed nor oral argument made, this court will examine the record for jurisdictional or fundamental error, and, if none appear, and the evidence reasonably sustains the verdict, the case will be affirmed. We have examined the record, and, while the case was very poorly tried on the part of the state, we find no jurisdictional or fundamental error. The testimony is such that the jury might reasonably and logically find defendant guilty.

The case is affirmed.

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PER CURIAM.

The plaintiff in error, hereinafter called defendant, was convicted' in the county court of *168 Ottawa county of having the unlawful possession of intoxicating liquor, and his punishment was fixed at a fine of $50 and confinement in the county jail for a period of 30 days.

The case was tried in December, 1926, and the appeal was lodged in this court in February, 1927. No briefs in support of the appeal have been filed, and no appearance for oral argument was made at the time the case was submitted.

Where an appeal is prosecuted to this court upon conviction for a misdemeanor, and no briefs in support thereof are filed nor oral argument made, this court will examine the record for jurisdictional or fundamental error, and, if none appear, and the evidence reasonably sustains the verdict, the case will be affirmed. We have examined the record, and, while the case was very poorly tried on the part of the state, we find no jurisdictional or fundamental error. The testimony is such that the jury might reasonably and logically find defendant guilty.

The case is affirmed.

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Bluebook (online)

1929 OK CR 72, 274 P. 902, 42 Okla. Crim. 167, 1929 Okla. Crim. App. LEXIS 332, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vanderpool-v-state-oklacrimapp-1929.