Court of Criminal Appeals of Oklahoma, 1915

Hays v. State

Hays v. State
Court of Criminal Appeals of Oklahoma · Decided March 20, 1915 · Armstrong, Doyle, Eurman
146 P. 1085; 11 Okla. Crim. 410; 1916 OK CR 1; 1915 Okla. Crim. App. LEXIS 27

Hays v. State

Opinion of the Court

DOYLE, P- J.

Plaintiff in error and Charley Arthur were jointly charged by information with the larceny of eleven hogs, the personal property of one R. N. Robersan. A severance was granted, and, upon his separate trial, the plaintiff in error was convicted and his punishment fixed at a term of two years in the penitentiary. On the 19th day of September, 1913, judgment was rendered in accordance with the verdict. An appeal was perfected by filing in this court on March 16, 1914, a petition in error with case-made. No briefs have been filed and no appearance made for plaintiff in error when the case was called for final submission. The Attorney General has filed a motion to áffirm for failure to prosecute the appeal.

We have carefully examined the information, and the instructions of the court, to which no exceptions were taken, and the judgment, and, finding no error, the motion to affirm will be sustained. The judgment herein is therefore affirmed.

EURMAN and ARMSTRONG, JJ., concur.

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