Brinlee v. State

Court of Criminal Appeals of Oklahoma

Brinlee v. State

1973 OK CR 351, 513 P.2d 343

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 8, 1973

DocketA-17484

StatusPublished

Cited by9 cases

This text of 1973 OK CR 351 (Brinlee 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.

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Brinlee v. State, 1973 OK CR 351, 513 P.2d 343 (Okla. Ct. App. 1973).

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DECISION AND OPINION

BOARD, Presiding Judge.

Appellant, Garland Rex Brinlee, Jr., was convicted in the District Court of Okmul-gee County, Oklahoma, Case No. CRF-71-115 for the offense of Murder, and was sentenced to serve life in the state penitentiary. From that conviction his appeal to this Court has been perfected.

However, this Court has been advised by the Warden at the Oklahoma State Penitentiary at McAlester, Oklahoma, that on or about the 6th day of August, 1973, appellant escaped from confinement in the state penitentiary and now remains at large. This Court has long held that an appeal from a conviction will be dismissed where the accused is a fugitive from justice, or otherwise beyond the jurisdiction of the Court. See: Tyler v. State, 3 Okl.Cr. 179, 104 P. 919 (1909); Winters v. State, 31 Okl.Cr. 280, 238 P. 506 (1925); Barnard v. State, 32 Okl.Cr. 395, 241 P. 199 (1925); and Exline v. State, 48 Okl.Cr. 181, 290 P. 349 (1930).

We are therefore of the opinion that appellant’s appeal from his conviction in Case No. CRF-71-115 from the District Court of Okmulgee County, Oklahoma, should be dismissed, and the Clerk of this Court is directed to issue the Mandate Forthwith. It is so ordered.

BAILEY and BACON, JJ., concur.

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DECISION AND OPINION

BOARD, Presiding Judge.

Appellant, Garland Rex Brinlee, Jr., was convicted in the District Court of Okmul-gee County, Oklahoma, Case No. CRF-71-115 for the offense of Murder, and was sentenced to serve life in the state penitentiary. From that conviction his appeal to this Court has been perfected.

However, this Court has been advised by the Warden at the Oklahoma State Penitentiary at McAlester, Oklahoma, that on or about the 6th day of August, 1973, appellant escaped from confinement in the state penitentiary and now remains at large. This Court has long held that an appeal from a conviction will be dismissed where the accused is a fugitive from justice, or otherwise beyond the jurisdiction of the Court. See: Tyler v. State, 3 Okl.Cr. 179, 104 P. 919 (1909); Winters v. State, 31 Okl.Cr. 280, 238 P. 506 (1925); Barnard v. State, 32 Okl.Cr. 395, 241 P. 199 (1925); and Exline v. State, 48 Okl.Cr. 181, 290 P. 349 (1930).

We are therefore of the opinion that appellant’s appeal from his conviction in Case No. CRF-71-115 from the District Court of Okmulgee County, Oklahoma, should be dismissed, and the Clerk of this Court is directed to issue the Mandate Forthwith. It is so ordered.

BAILEY and BACON, JJ., concur.

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1973 OK CR 351, 513 P.2d 343, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brinlee-v-state-oklacrimapp-1973.

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