Yoes v. State

• Decision Date: 09 November 1949
• Docket Number: A-11058.
• Citation: 211 P.2d 1022,90 Okla.Crim. 151
• Parties: YOES v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

211 P.2d 1022

90 Okla.Crim. 151

YOES v. STATE.

No. A-11058.

Court of Criminal Appeals of Oklahoma

November 9, 1949

George Elvis Yoes was convicted in the Court of Common Pleas of Oklahoma County, Carl Traub, J., of the offense of illegal possession of intoxicating liquor, and sentenced to pay a fine of $50 and serve 30 days in the county jail, and he appealed.

The Criminal Court of Appeals, Powell, J., held that the evidence sustained conviction, and affirmed the judgment.

Syllabus by the Court.

1. Where no brief in support of petition in error is submitted by a defendant appealing from a judgment of conviction, and no argument is presented, the Criminal Court of Appeals will examine the evidence to ascertain if it supports the verdict examine the information, instructions excepted to, and the judgment, and, in the absence of any apparent material error will affirm the judgment.

2. Evidence sustains conviction of offense of illegal possession of intoxicating liquor.

Wade Arends, Oklahoma City, for plaintiff in error.

Mac Q Williamson, Atty. Gen., Sam H. Lattimore, Asst. Atty. Gen., for defendant in error.

POWELL Judge.

George Elvis Yoes was charged in the Court of Common Pleas of Oklahoma County with the offense of illegal possession of intoxicating liquor, convicted and sentenced to pay a fine of $50 and serve thirty days in the county jail, and has appealed.

The information charges the defendant with the possession of fourteen pints of whiskey on October 21, 1947.

Defendant filed a motion to suppress the evidence, which was by the court overruled. On his trial before a jury, he was convicted. Motion for new trial was filed and overruled on December 20, 1947. Thereupon the court sentenced the defendant to pay a fine of $50, and to serve a term of thirty days in the county jail of Oklahoma County, in accordance with the verdict of the jury.

On April 23, 1948, an appeal from the judgment was taken by filing in this court a petition in error with casemade and proper proof of notices. No briefs have been filed, and no appearance for oral argument made.

Where the defendant appeals from a judgment of conviction and no brief in support of the petition in error is submitted, and no appearance for oral argument made we do not consider it the duty of this court to go into a careful examination of the evidence to determine whether or not the trial court erred in the admission or...