Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

W.G. SHELTON v. STATE.

(Syllabus.) Appeal and Error — Affirmance — Absence of Briefs or Appearance for Oral Argument. Where no briefs are filed and no appearance for oral argument made in support of an appeal to this court from a conviction for a felony, and an examination of the record discloses no jurisdiction nor fundamental error, and the evidence reasonably supports the verdict, the case will be affirmed.

EDWARDS, J.

The plaintiff in error was convicted in the district court of Carter county of manslaughter in the first degree and was sentenced to serve a term of four years in the state penitentiary.

The judgment was entered in February, 1926, and the appeal was lodged in this court in August, 1926. No briefs in support of the appeal have been filed, nor was there any appearance for oral argument at the time the case was submitted. In many cases this court has held that where an appeal is prosecuted from a conviction for a felony and no briefs filed nor oral argument made in support of the appeal, this court will not search the record to discover some error upon which to predicate a reversal, but will examine the record for jurisdictional or fundamental errors, and, if none appear and the evidence reasonably supports the verdict, the judgment will be affirmed. We have done this. No jurisdictional or fundamental error is apparent, and the evidence supports the verdict.

The case is affirmed.

DOYLE, P.J., and DAVENPORT, J., concur.

Use AI to get other relevant cases.

Comments

SHELTON v. STATE
(Oct 26, 1928)