Calloway v. State

Court of Criminal Appeals of Oklahoma

Calloway v. State

1930 OK CR 68, 287 P. 1066, 46 Okla. Crim. 238, 1930 Okla. Crim. App. LEXIS 478

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 20, 1930

DocketNo. A-7122.

StatusPublished

This text of 1930 OK CR 68 (Calloway 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

Calloway v. State, 1930 OK CR 68, 287 P. 1066, 46 Okla. Crim. 238, 1930 Okla. Crim. App. LEXIS 478 (Okla. Ct. App. 1930).

Pincite

Opinion

DAVENPORT, J.

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Garvin county of robbery with firearms, and was sentenced to serve a term of twenty-five years in the state penitentiary.

From the judgment of conviction, the defendant appealed to this court. The appeal was perfected July 20, *239 1928, by filing in this court his petition in error with case-made attached. Since the appeal was taken, and after final submission of the cause, said defendant departed this life, as shown by statement of the warden of the state penitentiary at McAlester, Okla. In a criminal prosecution, the purpose of the proceeding being to punish the accused, the action must necessarily abate upon his death, and, where it is made to appear* that the plaintiff in error has died pending the 'determination of his appeal, the cause will be abated. It is therefore ordered that the said cause do abate, with directions to the trial court to enter its appropriate order to that effect.

CHAPPELL, J., concurs. EDWARDS, P. J., absent, not participating.

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DAVENPORT, J.

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Garvin county of robbery with firearms, and was sentenced to serve a term of twenty-five years in the state penitentiary.

From the judgment of conviction, the defendant appealed to this court. The appeal was perfected July 20, *239 1928, by filing in this court his petition in error with case-made attached. Since the appeal was taken, and after final submission of the cause, said defendant departed this life, as shown by statement of the warden of the state penitentiary at McAlester, Okla. In a criminal prosecution, the purpose of the proceeding being to punish the accused, the action must necessarily abate upon his death, and, where it is made to appear* that the plaintiff in error has died pending the 'determination of his appeal, the cause will be abated. It is therefore ordered that the said cause do abate, with directions to the trial court to enter its appropriate order to that effect.

CHAPPELL, J., concurs. EDWARDS, P. J., absent, not participating.

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Bluebook (online)

1930 OK CR 68, 287 P. 1066, 46 Okla. Crim. 238, 1930 Okla. Crim. App. LEXIS 478, Counsel Stack Legal Research, https://law.counselstack.com/opinion/calloway-v-state-oklacrimapp-1930.