Scott v. State
Scott v. State
Opinion of the Court
The plaintiff in error, Emma Scott, defendant below, was charged in the district court of Mc-Curtain county, Okla., with the crime of grand larceny; was tried, convicted and sentenced to serve a term of three years in the State Penitentiary, and she- appeals. The petition in error with case-made attached was filed herein on April 1.1, 1949. The defendant had 60 days within which to file a brief but has failed to this time so to do. The case was set for oral argument on April 19, 1950, and no one appearing for the defendant, the cause was submitted on the record on said date. No briefs have been filed and no appearance made subsequent thereto. Under Rule 9 of this court it is provided:
“When no counsel appears, and no briefs are filed, the court will examine the pleadings, the instructions of the court, and the exceptions taken thereto, and the judgment and sentence, and if no prejudicial error appears, will affirm the judgment.”
See Bell v. State, 85 Okla. Cr. 150, 186 P. 2d 344; Stone v. State, 86 Okla. Cr. 1, 188 P. 2d 875; Ford v. State, 90 Okla. Cr. 387, 214 P. 2d 462.
We have carefully examined the record in this case and do not find any error which in any way would prejudice the rights of the defendant.
We have examined the pleadings, the instructions of the court and the exceptions taken thereto, and the judgment and sentence and find no prejudicial error in the record. The record so appearing, the judgment and sentence of the district court of McCurtain county, Okla., is accordingly affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.