Cobb v. State

1927 OK CR 174, 257 P. 1111, 37 Okla. Crim. 289, 1927 Okla. Crim. App. LEXIS 44

Opinion

BOYLE, P. J.

Plaintiff' ift'-hrrdraiT-hom'a's Oóbb; was tried and convicted on an information* charging': 'grand larceny and-his punishment: fixed* at imprisonment-for one: ydah and Che d^'lh thé^p'éhítéhtiaryi'; Frohii’fke’’-"jtidgment rendered qh.Per-fected .by- filing in, this: co ur t - on- April 21 ¿1926* fa; peti ti on in error with case-made. On May 24, 1927, the cause was submitted on briefs.

Since the final submission, suggestion of the death of plaintiff in error has been made, and his counsel of record for this reason filed a motion to abate, stating that plaintiff in error died on June 20, 1927.

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 adjudged that the proceedings in the above-entitled cause, and especially on the judgment therein rendered, do abate. It is so ordered, and the cause remanded to the district court of Okmulgee county, with direction to enter its appropriate order to that effect.

EDWARDS and DAVENPORT, JJ., concur.