Tbe plaintiff in error, hereinafter called defendant, was convicted in tbe district court of McClain county of assault with a dangerous weapon, and was sentenced to serve a term of three years in tbe penitentiary.

Tbe case was tried in March, 1929, and tbe appeal was lodged in this court in September, 1929. No briefs in support of tbe appeal have been filed, nor was there any appearance for oral argument at the time tbe case was submitted.

Where an4 appeal is brought to this court upon conviction for a felony, and no briefs are filed, and no appearance for oral argument made when tbe case was set for submission, this court will examine the record for jurisdictional or fundamental errors, and if none appear, and tbe evidence supports tbe judgment, it will be affirmed.

The case is affirmed.