Potts v. State, A--17481
Decision Date | 01 November 1972 |
Docket Number | No. A--17481,A--17481 |
Citation | 502 P.2d 1287 |
Parties | James Lewis POTTS, Jr., Appellant, v. The STATE of Oklahoma, Appellee. |
Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Valdhe F. Pitman, Oklahoma City, for appellant.
Larry Derryberry, Atty. Gen., for appellee.
Appellant, James Lewis Potts Jr., hereinafter referred to as defendant, was charged, tried, and convicted in the District Court of Oklahoma County, Oklahoma for the offense of Attempted Burglary in the first degree, After Former Conviction of a Felony; his punishment was fixed at a term of forty (40) years imprisonment, and from said judgment and sentence, a timely appeal has been perfected to this Court.
This cause was lodged in this Court on May 25th 1972. The defendant's brief was due to be filed by June 30, 1972; however no brief was filed, nor was an extension for time in which to file brief requested. Thereafter, on August 28, 1972, by order of this Court, the cause was summarily submitted for opinion in accordance with the rules of this Court.
We have consistently held that where the defendant appeals from a judgment of conviction and no briefs are filed in support of the petition in error, this Court will examine the records only for fundamental error. If none appears of record, the judgment will be affirmed. Hendricks v. State, Okl.Cr., 497 P.2d 425.
We have carefully examined the record and reviewed the testimony and petition in error and find that the evidence, although circumstantial, was overwhelming as to defendant's guilt. We do find that the Assistant District Attorney asked improper questions of the defendant's sole witness, a character witness, which could have no other effect than to prejudice the jury. Reverend Smith testified on direct examination that the defendant was a fine young man and had great possibilities of becoming useful to society. The District Attorney thereupon asked the following improper questions.
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Maple v. State, F-82-315
...prejudicial. The only effect was to prejudice appellant in the eyes of the jury, and this Court may grant redress. See Potts v. State, 502 P.2d 1287 (Okl.Cr.1972). Finally, the jury was not instructed on the elements of the crime of robbery. Robbery is defined in 21 O.S.1981, § 791, and a p......
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Holloway v. State, F-78-426
...answer was so innocuous that the error, if any, was harmless, and we find that this assignment of error is without merit. Potts v. State, Okl.Cr., 502 P.2d 1287 (1972), cited by the defendant is clearly distinguishable. In that case, the District Attorney asked questions as to whether the w......