Dismukes v. State

Court of Criminal Appeals of Oklahoma

Dismukes v. State

1923 OK CR 265, 218 P. 175, 24 Okla. Crim. 382, 1923 Okla. Crim. App. LEXIS 344

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 18, 1923

DocketNo. A-4214.

StatusPublished

This text of 1923 OK CR 265 (Dismukes 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

Dismukes v. State, 1923 OK CR 265, 218 P. 175, 24 Okla. Crim. 382, 1923 Okla. Crim. App. LEXIS 344 (Okla. Ct. App. 1923).

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Opinion

DOYLE, J.

Plaintiff in error, P. P. Dismukes, was! informed against for the murder of one Orpheus Varner, alleged *383 to have been committed in LeFlore county on or about the 26th day of December, 1920. The trial jury found him guilty, of manslaughter in the first degree and assessed his punishment at imprisonment in the penitentiary for the term of 10 years. From the judgment rendered in accordance with the verdict on the 6th day of September, 1921, an appeal was taken by filing in this court on February 23, 1922, a petition in error with case-made.

The Attorney General has' filed a motion to dismiss the appeal on the ground that plaintiff in error, on August 31, 1923, accepted and is now enjoying the privilege of a pardon.

By numerous decisions of this court it is held that, when an appeal from a judgment of conviction is pending in this court, and the plaintiff in error applies for a pardon, and the same is granted, and the fact that a pardon has been granted is brought to the attention of this court, the appeal will be dismissed as having been abandoned. Cameron v. State, 15 Okla. Cr. 398, 177 Pac. 118; Noret v. State, 15 Okla. Cr. 574, 179 Pac. 617; Ballew v. State, 15 Okla. Cr. 646, 179 Pac. 945.

It is therefore considered, adjudged, and ordered that this appeal be, and the same is hereby dismissed, and the cause remanded to the trial court.

MATSON, P. J., and BESSEY, J., concur.

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DOYLE, J.

Plaintiff in error, P. P. Dismukes, was! informed against for the murder of one Orpheus Varner, alleged *383 to have been committed in LeFlore county on or about the 26th day of December, 1920. The trial jury found him guilty, of manslaughter in the first degree and assessed his punishment at imprisonment in the penitentiary for the term of 10 years. From the judgment rendered in accordance with the verdict on the 6th day of September, 1921, an appeal was taken by filing in this court on February 23, 1922, a petition in error with case-made.

The Attorney General has' filed a motion to dismiss the appeal on the ground that plaintiff in error, on August 31, 1923, accepted and is now enjoying the privilege of a pardon.

By numerous decisions of this court it is held that, when an appeal from a judgment of conviction is pending in this court, and the plaintiff in error applies for a pardon, and the same is granted, and the fact that a pardon has been granted is brought to the attention of this court, the appeal will be dismissed as having been abandoned. Cameron v. State, 15 Okla. Cr. 398, 177 Pac. 118; Noret v. State, 15 Okla. Cr. 574, 179 Pac. 617; Ballew v. State, 15 Okla. Cr. 646, 179 Pac. 945.

It is therefore considered, adjudged, and ordered that this appeal be, and the same is hereby dismissed, and the cause remanded to the trial court.

MATSON, P. J., and BESSEY, J., concur.

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Bluebook (online)

1923 OK CR 265, 218 P. 175, 24 Okla. Crim. 382, 1923 Okla. Crim. App. LEXIS 344, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dismukes-v-state-oklacrimapp-1923.

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