Estes v. State

Court of Criminal Appeals of Oklahoma

Estes v. State

1925 OK CR 86, 232 P. 1117, 29 Okla. Crim. 220, 1925 Okla. Crim. App. LEXIS 60

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 17, 1925

DocketNo. A-4844.

StatusPublished

This text of 1925 OK CR 86 (Estes 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

Estes v. State, 1925 OK CR 86, 232 P. 1117, 29 Okla. Crim. 220, 1925 Okla. Crim. App. LEXIS 60 (Okla. Ct. App. 1925).

Pincite

Opinion

PER CURIAM.

Plaintiff in error, Art Estes, was convicted on a charge of unlawfully transporting intoxicating liquor, and in accordance with the verdict of the jury was sentenced to be confined in the county jail for 3'0 days and pay a fine of $50. From the judgment he appealed, by filing in this court on September 14, 1923, petition in error, with case-made. When the case was called for final submission, his counsel of record moved to abate the proceeding on the ground that plaintiff in error had departed this life. In a criminal action, the purpose of the proceeding being to pun *221 ish the defendant in person, the action must necessarily abate upon his death. It is therefore considered and adjudged that the proceeding do abate, especially under the' judgment rendered, has abated as to plaintiff in error, Art Estes, deceased. The county court of Pawnee county is directed to enter its appropriate order to that effect.

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PER CURIAM.

Plaintiff in error, Art Estes, was convicted on a charge of unlawfully transporting intoxicating liquor, and in accordance with the verdict of the jury was sentenced to be confined in the county jail for 3'0 days and pay a fine of $50. From the judgment he appealed, by filing in this court on September 14, 1923, petition in error, with case-made. When the case was called for final submission, his counsel of record moved to abate the proceeding on the ground that plaintiff in error had departed this life. In a criminal action, the purpose of the proceeding being to pun *221 ish the defendant in person, the action must necessarily abate upon his death. It is therefore considered and adjudged that the proceeding do abate, especially under the' judgment rendered, has abated as to plaintiff in error, Art Estes, deceased. The county court of Pawnee county is directed to enter its appropriate order to that effect.

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Bluebook (online)

1925 OK CR 86, 232 P. 1117, 29 Okla. Crim. 220, 1925 Okla. Crim. App. LEXIS 60, Counsel Stack Legal Research, https://law.counselstack.com/opinion/estes-v-state-oklacrimapp-1925.