Fish v. State

Court of Criminal Appeals of Oklahoma

Fish v. State

1929 OK CR 291, 279 P. 930, 43 Okla. Crim. 454, 1929 Okla. Crim. App. LEXIS 299

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 20, 1929

DocketNo. A-7300.

StatusPublished

This text of 1929 OK CR 291 (Fish 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

Fish v. State, 1929 OK CR 291, 279 P. 930, 43 Okla. Crim. 454, 1929 Okla. Crim. App. LEXIS 299 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, P. J.

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Hughes county of murder, and sentenced to life imprisonment in the state penitentiary.

From the judgment of conviction, defendant appealed to this court. Since the appeal was lodged in this court, and before the final submission of the case, defendant departed this life at the state penitentiary, as satisfactorily appears from a motion on file in this case.

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 the plaintiff in error has died pending the determination of his appeal, the case will be abated. It is therefore adjudged and ordered that the. proceedings in the above-entitled cause 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 Hughes county of murder, and sentenced to life imprisonment in the state penitentiary.

From the judgment of conviction, defendant appealed to this court. Since the appeal was lodged in this court, and before the final submission of the case, defendant departed this life at the state penitentiary, as satisfactorily appears from a motion on file in this case.

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 the plaintiff in error has died pending the determination of his appeal, the case will be abated. It is therefore adjudged and ordered that the. proceedings in the above-entitled cause 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 291, 279 P. 930, 43 Okla. Crim. 454, 1929 Okla. Crim. App. LEXIS 299, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fish-v-state-oklacrimapp-1929.