Boynton v. State

NIX, Judge:

Compton Boynton was convicted of the crime of Grand Larceny in the District Court of Canadian County, Oklahoma, and *1003sentenced to 1½ years in the penitentiary. From that judgment and sentence he appeals to this Court. No brief having been filed on behalf of Plaintiff in Error, nor oral argument presented, this cause was submitted on the record on October 13, 1965, under Rule 9 of this Court which provides :

“When briefs are not filed, or when an appearance is not made, the cause will be submitted and examined for fundamental error only.”

See, Ashby v. State, Okl.Cr., 406 P.2d 1007;…