From Casetext: Smarter Legal Research

Weaver v. State

Court of Criminal Appeals of Oklahoma
Jun 1, 1966
415 P.2d 179 (Okla. Crim. App. 1966)

Opinion

No. A-13801.

June 1, 1966.

An appeal from the District Court of Pittsburg County; Robert J. Bell, Judge.

Frank Grayson, Oklahoma City, for plaintiff in error.

Charles Nesbitt, Atty. Gen. of Oklahoma, for defendant in error.


MEMORANDUM OPINION


Kenneth Weaver was charged by information in the District Court of Pittsburg County with the crime of Operating a Motor Vehicle While Under the Influence of Intoxicating Liquor, Second and Subsequent Offense. He was tried by a jury who found him guilty and assessed his punishment at one year in the State Penitentiary and a fine of $500.00. A timely appeal was thereafter perfected to this Court. No brief having been filed on behalf of Plaintiff in Error, this cause was submitted on the record on December 14, 1965, under Rule 9 of this Court, 22 O.S.Supp. 1965, c. 18 Appendix, which provides:

"When briefs are not filed, or when an appearance is not made, the cause will be submitted and examined for fundamental error only."

See Ashby v. State, Okla. Cr. 406 P.2d 1007; and Bales v. State, Okla. Cr. 406 P.2d 1010.

We have carefully examined the record and finding it free of fundamental error, are of the opinion that the judgment and sentence appealed from should be, and the same is hereby,

Affirmed.

NIX and BRETT, JJ., concur.


Summaries of

Weaver v. State

Court of Criminal Appeals of Oklahoma
Jun 1, 1966
415 P.2d 179 (Okla. Crim. App. 1966)
Case details for

Weaver v. State

Case Details

Full title:KENNETH WEAVER, PLAINTIFF IN ERROR, v. THE STATE OF OKLAHOMA, DEFENDANT IN…

Court:Court of Criminal Appeals of Oklahoma

Date published: Jun 1, 1966

Citations

415 P.2d 179 (Okla. Crim. App. 1966)
1966 OK CR 74