La Santa v. State

POWELL, Judge.

Julio La Santa was tried in the district court of Tulsa County where a jury was waived, on a charge of driving while under the influence of intoxicating liquor, second offense; was convicted and his punishment fixed at one year imprisonment in the State Peniténtiary at McAlester, and to pay a fine of $100 and costs taxed at $101.-80.

While appeal was duly presented to this court, no brief was ever filed in support of the petition in error, and no one appeared when the case came on for oral argument. No fundamental error being noticpable in the record, the case is subject *918to…