Braun v. Town of Delaware
| Decision Date | 23 July 1927 |
| Docket Number | A-5975. |
| Citation | 258 P. 284,37 Okla.Crim. 334 |
| Parties | BRAUN v. TOWN OF DELAWARE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by Editorial Staff.
Where one seeking a review of a conviction for violation of an ordinance fails to file a brief, the Criminal Court of Appeals is not bound to examine the record.
Where one seeking review of a conviction for the violation of a town ordinance files no brief and no appearance is made on his behalf, the appeal will be deemed abandoned and will be dismissed.
Appeal from County Court, Nowata County; W. H. Thomason, Judge.
Maggie Braun was convicted of violation of a town ordinance, and she appeals. Appeal dismissed, and cause remanded.
Appeal from conviction under ordinance will be dismissed, where there is no brief or appearance for defendant.
C. F. Gowdy, of Nowata, for plaintiff in error.
Plaintiff in error was convicted before a justice of the peace on a complaint of unlawfully allowing chickens to run at large in the town of Delaware, contrary to the ordinance of said town. On appeal to the county court the trial resulted in a verdict of guilty. Plaintiff in error was sentenced to pay a fine of $15 and costs. The judgment and sentence was entered October 23, 1925. An appeal was taken by filing in this court December 23, 1925, a case-made. On September 20, 1926, petition in error was filed.
No brief has been filed, and no appearance made on behalf of the plaintiff in error in this court.
In cases of this kind, involving appeals for violations of city or town ordinances, we do not consider it the duty of this court to examine the record where no brief has been filed.
It appearing that the appeal herein has been abandoned, the same is dismissed and cause remanded to the lower court.
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