Cadenhead v. State

Court of Criminal Appeals of Oklahoma

Cadenhead v. State

1911 OK CR 368, 116 P. 462, 6 Okla. Crim. 614, 1911 Okla. Crim. App. LEXIS 322

CourtCourt of Criminal Appeals of Oklahoma

DecidedAugust 9, 1911

DocketNo. A-798.

StatusPublished

This text of 1911 OK CR 368 (Cadenhead 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

Cadenhead v. State, 1911 OK CR 368, 116 P. 462, 6 Okla. Crim. 614, 1911 Okla. Crim. App. LEXIS 322 (Okla. Ct. App. 1911).

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Opinion

PER CURIAM.

Plaintiff in error was by information charged with, tried and convicted of statutory rape and was sentenced to serve a term of five years imprisonment in the state penitentiary. Judgment and sentence was pronounced and entered on December 9th, 1909. Prom this sentence he appealed by filing in this court on June 11th, 1910, a petition in error with case-made attached. Counsel for plaintiff in error has filed a motion to dismiss the appeal herein for the reason that a parole has been granted by the Governor, and that the conditions thereof were accepted and consented to by plaintiff in error. Where a parole is granted and accepted and this fact is brought to the attention of this court, pending an appeal, the appeal will be dismissed. Gilmore v. State, 3 Okla. Cr. 639, 108 Pac. 416. Therefore it is considered that said appeal be, and the same is, hereby dismissed, and the cause remanded to the district court of Washita county.

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PER CURIAM.

Plaintiff in error was by information charged with, tried and convicted of statutory rape and was sentenced to serve a term of five years imprisonment in the state penitentiary. Judgment and sentence was pronounced and entered on December 9th, 1909. Prom this sentence he appealed by filing in this court on June 11th, 1910, a petition in error with case-made attached. Counsel for plaintiff in error has filed a motion to dismiss the appeal herein for the reason that a parole has been granted by the Governor, and that the conditions thereof were accepted and consented to by plaintiff in error. Where a parole is granted and accepted and this fact is brought to the attention of this court, pending an appeal, the appeal will be dismissed. Gilmore v. State, 3 Okla. Cr. 639, 108 Pac. 416. Therefore it is considered that said appeal be, and the same is, hereby dismissed, and the cause remanded to the district court of Washita county.

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Bluebook (online)

1911 OK CR 368, 116 P. 462, 6 Okla. Crim. 614, 1911 Okla. Crim. App. LEXIS 322, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cadenhead-v-state-oklacrimapp-1911.

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