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Morris v. State

Criminal Court of Appeals of Oklahoma
May 5, 1939
65 Okla. Crim. 220 (Okla. Crim. App. 1939)

Opinion

No. A-9528.

May 5, 1939.

(Syllabus.)

1. Appeal and Error — Failure of Plaintiff in Error to File Brief — Appeal Assumed Abandoned or That Counsel Concluded There Are no Reversible Errors in Record. Where the plaintiff in error fails to file a brief in support of his assignment of error, the court assumes that the appeal has been abandoned, or that counsel representing the plaintiff in error has reached the conclusion there are no errors in the record sufficient to warrant a reversal.

2. Intoxicating Liquors — Conviction for Unlawful Possession Sustained by Evidence. The evidence is sufficient to support the verdict and judgment.

Appeal from County Court, Cleveland County; Richard T. Pendleton, Judge.

H. P. Morris was convicted of the possession of intoxicating liquor, and he appeals. Judgment affirmed.

Person E. Woodall and Justin Hinshaw, both of Norman, for plaintiff in error.

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


The plaintiff in error was convicted of possession of intoxicating liquor and sentenced to pay a fine of $100 and to be imprisoned in the county jail for 30 days, and appeals.

The record in this case was filed in this court on May 31, 1938. The case was submitted on the record September 25, 1938. No brief has been filed in support of the plaintiff in error's assignments of error. The court therefore assumes that the appeal has been abandoned, or that counsel representing the plaintiff in error has reached the conclusion there are no errors in the record sufficient to warrant reversal.

The record has been carefully examined, and the examination fails to disclose any fundamental error.

The evidence is sufficient to sustain the verdict of the jury.

The case is therefore affirmed.


Summaries of

Morris v. State

Criminal Court of Appeals of Oklahoma
May 5, 1939
65 Okla. Crim. 220 (Okla. Crim. App. 1939)
Case details for

Morris v. State

Case Details

Full title:H. P. MORRIS v. STATE

Court:Criminal Court of Appeals of Oklahoma

Date published: May 5, 1939

Citations

65 Okla. Crim. 220 (Okla. Crim. App. 1939)
90 P.2d 452

Citing Cases

Morris v. State

Petition for rehearing sustained, and judgment reversed with directions. For former opinion, see 65 Okla. Cr.…