DocketNumber: No. A-7402.
Citation Numbers: 288 P. 610, 47 Okla. Crim. 394, 1930 OK CR 240, 1930 Okla. Crim. App. LEXIS 387
Judges: PER CURIAM.
Filed Date: 5/24/1930
Status: Precedential
Modified Date: 11/13/2024
The plaintiff in error, hereinafter called defendant, was convicted in the county court of Pottawatomie county on a charge of having the unlawful possession of whisky, and was sentenced to serve a term of sis months in the' county jail and to pay a fine of $500.
The record discloses that at the time charged certain officers with a search warrant searched the premises of one *395 Allen in the city of Shawnee and found defendant and several persons there, whom they searched. They took a pistol from the person of defendant, and then arrested him. As they were leaving, they had him point out his car; in it they found six gallons of whisky. Judgment was entered in March, 1929; the appeal lodged in this court in May, 1929. No briefs in support of the appeal have been filed. If the errors had been urged, there might have been a serious question as to the validity of the search of defendant and his car. • The errors, however, are not fundamental. This court has many times held that, where no brief in support of an appeal from conviction for a misdemeanor is filed and no jurisdictional or fundamental error is apparent, the case will not be reversed.
The case is affirmed.