Bean v. State

Court of Criminal Appeals of Oklahoma

Bean v. State

1922 OK CR 124, 208 P. 834, 21 Okla. Crim. 385, 1922 Okla. Crim. App. LEXIS 268

Court of Criminal Appeals of Oklahoma·Decided August 25, 1922·No. No. A-3978.·Published

Opinion

PER CURIAM.

The plaintiff in error, Mark H. Bean, and Oscar Sherman were by information jointly charged with the crime of murder, alleged to have been committed in No-wata county on or about the 28th day of August, 1919, by shooting one Fred Avery with a pistol. Upon his separate trial jury returned a verdict finding Mark H. Bean, plaintiff in error, guilty of murder, assessing his punishment at imprisonment in the penitentiary for life. From the judgment rendered in pursuance of the verdict on the 15th day of November, 1920, an appeal was perfected by filing in this court on May 9, 1921, a petition in error with case-made.

Hi's counsel of record has filed a motion to dismiss the appeal herein on the ground that plaintiff in error has been granted executive clemency, and that he has accepted the same.

The motion to dismiss the appeal herein is sustained, and the cause remanded to the trial court.

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PER CURIAM.

The plaintiff in error, Mark H. Bean, and Oscar Sherman were by information jointly charged with the crime of murder, alleged to have been committed in No-wata county on or about the 28th day of August, 1919, by shooting one Fred Avery with a pistol. Upon his separate trial jury returned a verdict finding Mark H. Bean, plaintiff in error, guilty of murder, assessing his punishment at imprisonment in the penitentiary for life. From the judgment rendered in pursuance of the verdict on the 15th day of November, 1920, an appeal was perfected by filing in this court on May 9, 1921, a petition in error with case-made.

Hi's counsel of record has filed a motion to dismiss the appeal herein on the ground that plaintiff in error has been granted executive clemency, and that he has accepted the same.

The motion to dismiss the appeal herein is sustained, and the cause remanded to the trial court.

Bean v. State, 1922 OK CR 124, 208 P. 834, 21 Okla. Crim. 385, 1922 Okla. Crim. App. LEXIS 268 (Okla. Ct. App. 1922).

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