Collins v. State, A-13733
| Decision Date | 03 November 1965 |
| Docket Number | No. A-13733,A-13733 |
| Parties | James D. COLLINS, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
It is necessary for counsel for plaintiff in error not only to assert error, but to support his contentions by both argument and the citation of authorities. Where this is not done, and it is apparent that the defendant has been deprived of no fundamental rights, this court will not search the books for authorities to support the mere assertion that the trial court has erred.
Appeal from the District Court of Canadian County; Wm. L. Fogg, Judge.
James D. Collins was convicted for the crime of Receiving Stolen Property After Former Conviction of a Felony, and appeals. Affirmed.
J. L. Pazoureck, El Reno, for plaintiff in error.
Charles Nesbitt, Atty. Gen., State of Oklahoma, for defendant in error.
James D. Collins was charged, in the District Court of Canadian County with the offense of receiving stolen property after former conviction of a felony. He was tried by jury who found him guilty and fixed his punishment at seven (7) years imprisonment at the State Penitentiary at McAlester, and from the judgment and sentence pronounced in accordance with the verdict of the jury, a timely appeal has been perfected to this Court.
On appeal defendant urges several assignments of error, none of which are supported by authorities. Under such circumstances we follow the rule that:
Fryar v. State, Okl.Cr., 385 P.2d 818.
We have carefully examined the record and find that the evidence amply supports the verdict of the jury, and that the trial court fully and fairly instructed the jury, and that the record is free of fundamental error.
We are of the opinion, and therefore hold that the judgment and sentence appealed from should be, and the same is, hereby affirmed.
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Sims v. McCollum
...evidence and passion and prejudice of the jury in assessing punishment. This Court has recited many times, as was said in Collins v. State, [407 P.2d 609, 610 (1965)]:'It is necessary for counsel for plaintiff in error not only to assert error, but to support his contentions by both argumen......
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Stiner v. State
...this court will not search the books for authorities to support the mere assertion that the trial court has erred.' See: Collins v. State, Okl.Cr., 407 P.2d 609.' In conclusion, we observe that the record is free of any error which would justify modification or reversal. The judgment and se......
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Cavaness v. State
...although not malevolently so, are both unsupported by citations of authority and we therefore do not consider them. Collins v. State, Okl.Cr., 407 P.2d 609 (1965). The eighth assignment of error concerns the prosecutor's closing argument. The appellant refers to six specific incidents, but ......
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Johnson v. State
...Since the first three are not supported by any citations of authorities, we follow the rule this Court announced in Collins v. State, Okl.Cr., 407 P.2d 609, 610 (1965), which stated: "It is necessary for counsel for plaintiff in error not only to assert error, but To support his contentions......