Plaintiff in error, hereinafter referred to’ as defendant, ivas convicted in the district court of Rogers county of grand larceny, and was sentenced to serve a terni of one year in the state penitentiary.

• The appeal, was filed in this court on December 19, 1933. No' brief has been filed in support of the appeal. No fundamental or jurisdictional error appeal's. The appeal is without merit.

. The case is affirmed.