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Wiese v. State

Criminal Court of Appeals of Oklahoma
Jan 21, 1957
305 P.2d 868 (Okla. Crim. App. 1957)

Opinion

No. A-12375.

December 19, 1956. As Corrected January 21, 1957.

Appeal from the County Court of Canadian County; Sam T. Roberson, Trial Judge.

Richard Julius Wiese was convicted for driving a motor vehicle on a highway while under the influence of intoxicating liquor, and was sentenced to serve a term of 20 days in the county jail and to pay a fine of $125.00. Affirmed.

Ralph A. Myers, Jr., El Reno, for plaintiff in error.

Mac Q. Williamson, Atty. Gen., for defendant in error.


This is a purported appeal by Richard Julius Wiese from a conviction in the County Court of Canadian County wherein the accused was sentenced to serve 20 days in the county jail and pay a fine of $125 for driving a motor vehicle on a highway while under the influence of intoxicating liquor.

The appeal is by transcript and the evidence is not before us. No brief has been filed on behalf of the petitioner. In the petition in error it is alleged that the judgment and sentence was excessive. This could only be determined by an examination of the evidence introduced at the trial. Since the evidence is not before us and no brief has been filed pointing out any other alleged error, the judgment and sentence of the County Court of Canadian County is affirmed.

BRETT and POWELL, JJ., concur.


Summaries of

Wiese v. State

Criminal Court of Appeals of Oklahoma
Jan 21, 1957
305 P.2d 868 (Okla. Crim. App. 1957)
Case details for

Wiese v. State

Case Details

Full title:RICHARD JULIUS WIESE, PLAINTIFF IN ERROR, v. STATE OF OKLAHOMA, DEFENDANT…

Court:Criminal Court of Appeals of Oklahoma

Date published: Jan 21, 1957

Citations

305 P.2d 868 (Okla. Crim. App. 1957)
1956 OK CR 134

Citing Cases

Sherry v. State

"4th. A copy of the judgment." In Wiese v. State, Okla. Cr. 305 P.2d 868, 869, Jones, P.J., speaking for this…

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At that time judgment was pronounced, and on the next day, the defendant engaged an attorney, who filed a…