The plaintiff in error was convicted ' apun a charge of having sold whisky to oné Tom White-shirt, <and his punishment fixed at three months’ imprisonment in the county jail and a fine of $400. From the judgment rendered in pursuance bf the verdict he appealed, by. filing in this court on April 8, 1916, a petition in error with case-made.

No- brief has been filed, and on the call, of the case for final submission the Attorney General moved that the judgment be affirmed for failure to prosecute the appeal.

*246 An examination of the record discloses that the • evidence is ample to support the verdict, and, no'error appearing that could affect the merits of the case, the judgment is affirmed.