Opinion
No. A-7193.
Opinion Filed March 29, 1930.
Appeal and Error — Affirmance in Absence of Briefs or Oral Argument. Where no briefs are filed in support of an appeal, and no appearance for oral argument made, and examination of the record discloses no jurisdictional or fundamental error, the case will be affirmed.
Appeal from District Court, Stephens County; E.L. Richardson, Judge.
J.P. McReynolds was convicted of burglary in the second degree, and he appeals. Affirmed.
Bond Bond, for plaintiff in error.
J. Berry King, Atty. Gen., for the State.
The plaintiff in error, hereinafter called defendant, was convicted in the district court of Stephens county on a charge of burglary in the second degree, and was sentenced to serve a term of three years in the state penitentiary.
The case was tried in April, 1928, and the appeal was lodged in this court in October, 1928. 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.
We have examined the record, the evidence is circumstantial, and there are sufficient circumstances proven from which the jury might reasonably and logically find the defendant guilty. The facts proven are consistent with the guilt of the accused and inconsistent with any other reasonable hypothesis than that of his guilt. No material error is apparent.
The case is affirmed.
DAVENPORT and CHAPPELL, JJ., concur.