Dunn v. State

Court of Criminal Appeals of Oklahoma

Dunn v. State

1929 OK CR 416, 281 P. 318, 44 Okla. Crim. 424, 1929 Okla. Crim. App. LEXIS 136

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 5, 1929

DocketNo. A-7188.

StatusPublished

This text of 1929 OK CR 416 (Dunn 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

Dunn v. State, 1929 OK CR 416, 281 P. 318, 44 Okla. Crim. 424, 1929 Okla. Crim. App. LEXIS 136 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, P. J.

The plaintiffs in error, hereinafter called defendants, were convicted in the county court of Caddo county, and defendant Dunn was sentenced to pay a fine of $500 and to serve 6 months in the county jail, and defendant Slagle was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

The judgment was entered in August, 1928, and the appeal was lodged in this court in October, 1928. A motion to dismiss the appeal supported by affidavits has been filed setting out that defendant Dunn was in March, 1929, convicted of a felony in the state of Texas, and was sentenced to a term of 5 years in that state, and is now, incarcerated at the state penitentiary at Huntsville, Tex., and further setting out that defendant Slagle has departed from the state of Oklahoma and for some. 6 months has resided in or around the town of Shamrock, Texas.

*425 Where a defendant has been convicted and perfects his appeal to this court, and thereafter leaves the state, and is where he cannot be made to respond to any judgment or order which may be rendered, this court will dismiss his appeal.

The appeal is therefore dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

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EDWARDS, P. J.

The plaintiffs in error, hereinafter called defendants, were convicted in the county court of Caddo county, and defendant Dunn was sentenced to pay a fine of $500 and to serve 6 months in the county jail, and defendant Slagle was sentenced to pay a fine of $50 and to serve 30 days in the county jail.

The judgment was entered in August, 1928, and the appeal was lodged in this court in October, 1928. A motion to dismiss the appeal supported by affidavits has been filed setting out that defendant Dunn was in March, 1929, convicted of a felony in the state of Texas, and was sentenced to a term of 5 years in that state, and is now, incarcerated at the state penitentiary at Huntsville, Tex., and further setting out that defendant Slagle has departed from the state of Oklahoma and for some. 6 months has resided in or around the town of Shamrock, Texas.

*425 Where a defendant has been convicted and perfects his appeal to this court, and thereafter leaves the state, and is where he cannot be made to respond to any judgment or order which may be rendered, this court will dismiss his appeal.

The appeal is therefore dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

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Bluebook (online)

1929 OK CR 416, 281 P. 318, 44 Okla. Crim. 424, 1929 Okla. Crim. App. LEXIS 136, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dunn-v-state-oklacrimapp-1929.