Findley v. State

Court of Criminal Appeals of Oklahoma

Findley v. State

1929 OK CR 488, 282 P. 369, 45 Okla. Crim. 165, 1929 Okla. Crim. App. LEXIS 483

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 8, 1929

DocketNo. A-7355.

StatusPublished

This text of 1929 OK CR 488 (Findley 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

Findley v. State, 1929 OK CR 488, 282 P. 369, 45 Okla. Crim. 165, 1929 Okla. Crim. App. LEXIS 483 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, P. J.

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Murray county of the crime of arson, and his punishment *166 fixed at confinement in the state penitentiary for a term of one year.

From the judgment of conviction, defendant appealed to this court, which appeal was perfected May 6, 1929. Since the appeal and before final submission of the cause, the defendant departed this life, as shown by motion of the attorney of record for defendant, with stipulation of the county attorney that the same is true, indorsed thereon.

In a criminal prosecution the purpose of the proceeding being to punish the accused, the action must necessarily abate upon his death, and, where it is made to appear that plaintiff in error has died pending the determination of his appeal, the case will be abated. It is therefore ordered that the case do abate, with directions to the trial court to enter its appropriate order to that effect.

DAVENPORT and CHAPPELL, JJ., concur.

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EDWARDS, P. J.

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Murray county of the crime of arson, and his punishment *166 fixed at confinement in the state penitentiary for a term of one year.

From the judgment of conviction, defendant appealed to this court, which appeal was perfected May 6, 1929. Since the appeal and before final submission of the cause, the defendant departed this life, as shown by motion of the attorney of record for defendant, with stipulation of the county attorney that the same is true, indorsed thereon.

In a criminal prosecution the purpose of the proceeding being to punish the accused, the action must necessarily abate upon his death, and, where it is made to appear that plaintiff in error has died pending the determination of his appeal, the case will be abated. It is therefore ordered that the case do abate, with directions to the trial court to enter its appropriate order to that effect.

DAVENPORT and CHAPPELL, JJ., concur.

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Bluebook (online)

1929 OK CR 488, 282 P. 369, 45 Okla. Crim. 165, 1929 Okla. Crim. App. LEXIS 483, Counsel Stack Legal Research, https://law.counselstack.com/opinion/findley-v-state-oklacrimapp-1929.