Hickman v. State

• Decision Date: 05 February 1937
• Docket Number: A-9157.
• Citation: 65 P.2d 211,60 Okla.Crim. 417
• Parties: HICKMAN v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

65 P.2d 211

60 Okla.Crim. 417

HICKMAN v. STATE.

No. A-9157.

Court of Criminal Appeals of Oklahoma

February 5, 1937

Syllabus by the Court.

1. When an appeal is taken to this court and no brief filed on behalf of the plaintiff in error and no appearance made for oral argument, the record will be examined, and if no fundamental error is found, the judgment of the trial court will be affirmed.

2. Evidence examined, and held sufficient to sustain the conviction.

Appeal from District Court, Johnston County; J. I. Goins, Judge.

Robert Hickman was convicted of burglary in the second degree, and he appeals.

Affirmed.

John E McCain and Champion, Champion & Fischel, all of Ardmore, for plaintiff in error.

Mac Q Williamson, Atty. Gen., for the State

BAREFOOT Judge.

The plaintiff in error, Robert Hickman, was convicted of burglary in the second degree in Johnston county, Okl., on the 9th day of December, 1935, and was sentenced to serve a term of two years in the state penitentiary. His appeal was filed in this court on the 10th day of June, 1936. No brief was filed on behalf of plaintiff in error and no appearance was made when the case was set for oral argument.

The rule has long been established in this court that when no brief is filed or appearance made for oral argument, the record will be examined for the purpose of determining whether or not jurisdictional facts are disclosed, and when such facts are disclosed and no fundamental error appears, the judgment of the trial court will be affirmed. Bloodsworth v. State, 10 Okl.Cr. 99, 133 P. 1131; Spann v. State, 22 Okl.Cr. 128, 210 P. 315; Gladys Mitchell v. State, 35 Okl.Cr. 61, 248 P. 654; Bob Jones et al. v. State, 58 Okl.Cr. 308, 53 P.2d 292, and Benton Walker v. State, 64 P.2d 935, decided by this court at this term and not yet reported [in State Report].

We have carefully examined the record and read the testimony in this case. An information was filed against this defendant by the county attorney of Johnston county on the 22d day of June 1935, charging him jointly with W. T. Morrow, of the crime of burglary in the second degree. Testimony reveals that the home of M. O. Gammill, who lives near Mannsville, in Johnston county, was broken into on the 5th day of May, 1935, by the breaking of the door which had been locked. Certain tools with which the door had been broken were found near the premises. The burglary was committed in the daytime and while Mr. Gammill and family were away from home. Certain wearing apparel, flour, and silverware had been taken. Upon his return home in the evening, Mr....