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Younger v. State

Younger v. State.

Younger v. State, 1952 OK CR 35, 242 P.2d 470
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
March 12, 1952
Docket
No. A-11630
Judges
Brett, Jones, Powell
Citations
242 P.2d 4701952 OK CR 3595 Okla. Crim. 1891952 Okla. Crim. App. LEXIS 204
Syllabus
(Syllabus.) 1. Appeal and Error — Affirmance in Absence of Brief or Appearance. Under the rules of this court, where no briefs are filed nor appearance for oral argument is made, the record will be searched for fundamental error only, and if none is found, the judgment will be affirmed. 2. Same — No Fundamental Error Found. No fundamental error is found.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Powell

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POWELL, J.

Donald Ralph Younger was charged by information filed in the municipal criminal court of the city of Tulsa, Tulsa county, with the operation of a motor vehicle while under the influence of intoxicating liquor, was tried before a jury on June 11, 1951, found guilty and punishment left to the court, who sentenced defendant to serve fifteen days in the Tulsa county jail, and to pay a fine of $75. Within the extension of time granted for filing, petition in error and case-made, appeal was perfected to this court. A brief in support of petition in error was due to have been filed in this court not later than October 21, 1951, but to date no brief has been filed, nor were appearances made when this case came on for oral argument on the February 13, 1952, docket of this court.

Finding no fundamental error in the record, and by reason of the uniform holding of this court, Skaggs v. State, 84 Okla. Cr. 443 , 184 P. 2d 121 , and cases cited; Cofer v. State, 94 Okla. Cr. 284 , 234 P. 2d 959 , the judgment of the municipal criminal court of the city of Tulsa, Tulsa county, is affirmed.

BRETT, P. J., and JONES, J., concur.

How later courts describe this case

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

1959: 119592026peak 1959 · 1

Relies on it most ⓘ

  1. Watkins v. State1959 OK CR 12, 335 P.2d 650

Most recent

  1. Watkins v. State1959 OK CR 12, 335 P.2d 650

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 2

DepthCaseCited by
Skaggs v. State, 1947 OK CR 88, 184 P.2d 121 5
Cofer v. State, 1951 OK CR 112, 234 P.2d 959 4

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