Opinion
No. A-10298.
December 22, 1943.
(Syllabus.)
1. Appeal and Error — Absence of Brief and Argument — Affirmance. Where an appeal is taken to this court and no appearance is made when the case is assigned for oral argument, nor brief filed, the record will be examined, and if no fundamental error appears the judgment will be affirmed.
2. Same — Conviction for Selling Liquor Sustained. Record examined, and found to sustain the judgment and sentence where defendant was charged with the crime of unlawful sale of intoxicating liquor.
Appeal from County Court, McCurtain County; T. G. Carr, Judge.
Roy Peters was convicted of selling intoxicating liquor, and he appeals. Affirmed.
Randell S. Cobb, Atty. Gen., and L. E. Mifflin, Co. Atty., of Idabel, for plaintiff in error.
C. D. Wilkinson, of Idabel, for defendant in error.
Defendant, Roy Peters, was charged in the county court of McCurtain county with the crime of selling intoxicating liquor, towit, one pint of whisky, to Lena Lamb and Nettie Dickerson; was tried, convicted, sentenced to pay a fine of $50 and to serve 30 days in the county jail, and has appealed.
When this case was set for oral argument, no one appeared for defendant, and no brief has been filed in his behalf.
We have examined the record and the evidence amply sustains the charges in the information. The record reveals no fundamental error, and the defendant had a fair and impartial trial.
The judgment and sentence of the county court of McCurtain county is affirmed.
JONES, P. J., and DOYLE, J., concur.