Belvin v. State

Court of Criminal Appeals of Oklahoma

Belvin v. State

1920 OK CR 182, 192 P. 364, 17 Okla. Crim. 740, 1920 Okla. Crim. App. LEXIS 154

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 5, 1920

DocketNo. A-3405.

StatusPublished

This text of 1920 OK CR 182 (Belvin v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Belvin v. State, 1920 OK CR 182, 192 P. 364, 17 Okla. Crim. 740, 1920 Okla. Crim. App. LEXIS 154 (Okla. Ct. App. 1920).

Pincite

Opinion

PER CURIAM.

Plaintiff in error, C. A. Belvin, was convicted of shooting .at another with intent to kill, and his punishment assessed at imprisonment in the penitentiary for a period of one year and one day. From the judgment rendered on the 16th day of January, 1918, in pursuance of the verdict, an appeal was perfected by-filing in this court on June 24, 1918, a .petition in error with casé-made. Since the appeal was taken and before the final submission of the cause, suggestion of the death of the plaintiff in error, C. A. Belvin, has been made. In a criminal action the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death. I.t is therefore adjudged and ordered that all proceedings in this prosecution lie abated and the district court of Garvin county is directed to enter its appropriate order to that effect.

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PER CURIAM.

Plaintiff in error, C. A. Belvin, was convicted of shooting .at another with intent to kill, and his punishment assessed at imprisonment in the penitentiary for a period of one year and one day. From the judgment rendered on the 16th day of January, 1918, in pursuance of the verdict, an appeal was perfected by-filing in this court on June 24, 1918, a .petition in error with casé-made. Since the appeal was taken and before the final submission of the cause, suggestion of the death of the plaintiff in error, C. A. Belvin, has been made. In a criminal action the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death. I.t is therefore adjudged and ordered that all proceedings in this prosecution lie abated and the district court of Garvin county is directed to enter its appropriate order to that effect.

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Bluebook (online)

1920 OK CR 182, 192 P. 364, 17 Okla. Crim. 740, 1920 Okla. Crim. App. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/belvin-v-state-oklacrimapp-1920.