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Walker v. State

Benton Walker v. State.

Walker v. State, 1937 OK CR 14, 64 P.2d 935
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
January 27, 1937
Docket
No. A-9092.
Judges
Barefoot, Davenport, Doyle
Citations
64 P.2d 9351937 OK CR 1460 Okla. Crim. 3021937 Okla. Crim. App. LEXIS 10
Cited by 9

Opinion of the Court — Barefoot

BAREFOOT, J.

The plaintiff in error, Benton Walker, was convicted of burglary in the second degree in Jackson county, Okla., on the 28th day of September, 3935, and was sentenced to serve a term of two years in the state penitentiary. His appeal was filed in this court on March 27, 1936.

No brief has been 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 no 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 Okla. Cr. 99 , 133 Pac. 1131 ; Spann v. State, 22 Okla. Cr. 128 , 210 Pac. 315 ; Gladys Mitchell v. State, 35 Okla. Cr. 61 , 248 Pac. 654 ; Bob Jones et al. v. State, 58 Okla. Cr. 308 , 53 Pac. (2d) 292 .

We have carefully examined the record in this case and we find no error justifying a reversal. The defendant was given a fair trial. The jury, after hearing the testimony, found the defendant guilty. The judgment of the district court of Jackson county is therefore affirmed. John Bradley v. State, 18 Okla. Cr. 503 , 196 Pac. 730 ; Holloway v. State, 37 Okla. Cr. 24 , 255 Pac. 1022 ; Can *304 non v. State, 51 Okla. Cr. 304 , 1 Pac. (2d) 791 ; Jim Hart v. State, 57 Okla. Cr. 372 , 48 Pac. (2d) 337 .

DAVENPORT, P. J., and DOYLE, J., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 9 cases

View all citing references →
1937: 11939: 11940: 11941: 11947: 11949: 11950: 21955: 119372026peak 1950 · 2

Relies on it most ⓘ

  1. Whitlow v. State1947 OK CR 91, 184 P.2d 253
  2. Smith v. State1940 OK CR 90, 104 P.2d 1009
  3. State v. Sisler1941 OK CR 21, 110 P.2d 321
  4. Hickman v. State1937 OK CR 26, 65 P.2d 211
  5. Owens v. State1950 OK CR 147, 224 P.2d 612
  6. Hood v. State1950 OK CR 142, 225 P.2d 1032

Most recent

  1. Dunnam v. State1955 OK CR 49, 282 P.2d 778
  2. Owens v. State1950 OK CR 147, 224 P.2d 612
  3. Hood v. State1950 OK CR 142, 225 P.2d 1032
  4. Wickers v. State1949 OK CR 84, 208 P.2d 1145
  5. Whitlow v. State1947 OK CR 91, 184 P.2d 253
  6. State v. Sisler1941 OK CR 21, 110 P.2d 321

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 8

DepthCaseCited by
Hart v. State, 1935 OK CR 107, 48 P.2d 337 16
Holloway v. State, 1927 OK CR 139, 255 P. 1022 14
Bradley v. State, 196 P. 730 (Okla. Crim. App. 1921) 8
Bloodsworth v. State, 1913 OK CR 264, 133 P. 1131 3
Mitchell v. State, 1926 OK CR 304, 248 P. 654 2
Spann v. State, 1921 OK CR 194, 210 P. 315 2
Jones v. State, 1935 OK CR 172, 53 P.2d 292 2
Cannon v. State, 1931 OK CR 325, 1 P.2d 791 1

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