Carson v. State

Court of Criminal Appeals of Oklahoma

Carson v. State

1916 OK CR 69, 158 P. 639, 12 Okla. Crim. 461, 1916 Okla. Crim. App. LEXIS 76

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 18, 1916

DocketNo. A-2621.

StatusPublished

This text of 1916 OK CR 69 (Carson 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

Carson v. State, 1916 OK CR 69, 158 P. 639, 12 Okla. Crim. 461, 1916 Okla. Crim. App. LEXIS 76 (Okla. Ct. App. 1916).

Pincite

Opinion

DOYLE, P. J.

Plaintiff in error, Tom Carson, was convicted in the county court of Nowata county of a misdemeanor. From the judgment rendered on the verdict of the jury am appeal was perfected by filing in this court on January 3, 1916, a petition in error with case-made.

Since the appeal was taken, and before the final submission of the cause, to-wit, May 31, 1916, he departed'this life as shown by the affidavits of C. W. Mason, County Attorney of Nowata county, and Dr. G. A. Waters, who depose and say that plaintiff in error, Tom Carson, died at Lenapah, in said county, as the result of a gunshot wound. These affidavits are attached to and made a part of the suggestion of the death of the plaintiff in error by the Attorney General and filed in this court on this 18th day of July, 1915.

In a criminal action the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death. It is therefore considered and the proceedings in this action do abate. It is so ordered.

ARMSTRONG and BRETT, J. J., concur.

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DOYLE, P. J.

Plaintiff in error, Tom Carson, was convicted in the county court of Nowata county of a misdemeanor. From the judgment rendered on the verdict of the jury am appeal was perfected by filing in this court on January 3, 1916, a petition in error with case-made.

Since the appeal was taken, and before the final submission of the cause, to-wit, May 31, 1916, he departed'this life as shown by the affidavits of C. W. Mason, County Attorney of Nowata county, and Dr. G. A. Waters, who depose and say that plaintiff in error, Tom Carson, died at Lenapah, in said county, as the result of a gunshot wound. These affidavits are attached to and made a part of the suggestion of the death of the plaintiff in error by the Attorney General and filed in this court on this 18th day of July, 1915.

In a criminal action the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death. It is therefore considered and the proceedings in this action do abate. It is so ordered.

ARMSTRONG and BRETT, J. J., concur.

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Bluebook (online)

1916 OK CR 69, 158 P. 639, 12 Okla. Crim. 461, 1916 Okla. Crim. App. LEXIS 76, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carson-v-state-oklacrimapp-1916.