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406 P.2d 1007

Ashby v. State

Court of Criminal Appeals of Oklahoma

Decided October 13, 1965

Court of Criminal Appeals of Oklahoma · decided 1965-10-13

Cited by 23 later decisions — most recently December 1971

2 federal appellate · 21 state decisions

Key passage — most relied on by later courts

““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.””

quoted by 11 later decisions, including Hill v. State, Peterman v. State

Relies on Crolley v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1965-10-13

View the full empirical analysis of this case →

NIX, Judge:

¶1 Robert Mathew Ashby was charged by information in the Common Pleas Court of Oklahoma County with the crime of Procuring a Person for Immoral Purposes.. He was tried by a jury, found guilty, and his punishment assessed at One Year in the County Jail.

¶2 His appeal was lodged in this Court on June 4, 1965. Brief was due to be filed by June 24, 1965. On July 1, 1965, plaintiff in error was granted an extension of time in which to file brief until August 4, 1965. On that date, another extension of time was requested, and plaintiff in error was granted until September 4, 1965. Again, another extension was requested, and plaintiff in error was granted until October 4, 1965. No further request for extension was filed, nor was a brief filed, and on October 6, 1965, by order of the Court, the cause was summarily submitted for opinion in accordance with Rules Six and Nine of this Court.

¶3 This Court has consistently and repeatedly held, as in the case of Crolley v. State, Okl.Cr., 377 P.2d 63:

“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 he affirmed.”

¶4 This is in accordance with Rule 9, supra.

¶5 This Court has carefully examined the record and reviewed the testimony in. the instant case and finds no fundamental error. The evidence is more than sufficient to support the verdict of the jury.

¶6 The judgment and sentence of the trial court is hereby affirmed.

BUSSEY, P. J., and BRETT, J., concur.
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