Goss v. State

Court of Criminal Appeals of Oklahoma

Goss v. State

1928 OK CR 31, 263 P. 161, 39 Okla. Crim. 55, 1928 Okla. Crim. App. LEXIS 243

CourtCourt of Criminal Appeals of Oklahoma

DecidedJanuary 21, 1928

DocketNo. A-6239.

StatusPublished

This text of 1928 OK CR 31 (Goss 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

Goss v. State, 1928 OK CR 31, 263 P. 161, 39 Okla. Crim. 55, 1928 Okla. Crim. App. LEXIS 243 (Okla. Ct. App. 1928).

Pincite

Opinion

EDWARDS, J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of *56 Payne county on a charge of maintaining a place where intoxicating liquors were sold and his punishment fixed at a fine of $250 and imprisonment in the county jail for a period of 60 days. Pending this appeal, defendant was admitted to bail.

A motion to dismiss his appeal has been filed by the Attorney 'General, for the reason that pending this appeal 'defendant has become a fugitive from justice and his whereabouts are not known, and defendant is where he cannot be made to respond to any judgment against him. Attached to said motion is an affidavit of John B. Calderhead, sheriff of Payne county, who states that on January 4, 1928, a warrant for the arrest of defendant on a charge of murder was placed in the hands of affiant for the arrest of defendant, and on January 14, 1928, another warrant for defendant on a charge of murder was placed in his hands for the arrest, of defendant, that defendant is a fugitive from justice, and affiant has made diligent effort and is unable to apprehend or learn his whereabouts. Attached to said affidavit is a certified copy of the warrants. Also there is attached an affidavit of George W. Wiles, a deputy sheriff of Payne county, the affidavit of A. D. Williams, a deputy sheriff, and the further affidavit of D. B. Ferguson, a deputy sheriff, all to substantially the same effect. There is also' attached a copy of the Cushing Daily Citizen, a newspaper printed in 'Cushing, Payne county, and dated January 2, 1928, setting out an account of the killing of Essie May Young, by defendant, and the wounding of three other persons. It is further made to appear that one of the persons wounded thereafter on January 7, 1928, died as a result of his wounds, which death is the basis of the second of said warrants of arrest.

It is well settled that, where a defendant is convicted and prosecutes an appeal to this court and pending such appeal becomes a fugitive from justice, and it appears that *57 he cannot be made to respond to any judgment or order which may be made in the case, his appeal will be dismissed.

The appeal is dismissed.

DOYLE, P. J., and DAVENPORT, J., concur.

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EDWARDS, J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of *56 Payne county on a charge of maintaining a place where intoxicating liquors were sold and his punishment fixed at a fine of $250 and imprisonment in the county jail for a period of 60 days. Pending this appeal, defendant was admitted to bail.

A motion to dismiss his appeal has been filed by the Attorney 'General, for the reason that pending this appeal 'defendant has become a fugitive from justice and his whereabouts are not known, and defendant is where he cannot be made to respond to any judgment against him. Attached to said motion is an affidavit of John B. Calderhead, sheriff of Payne county, who states that on January 4, 1928, a warrant for the arrest of defendant on a charge of murder was placed in the hands of affiant for the arrest of defendant, and on January 14, 1928, another warrant for defendant on a charge of murder was placed in his hands for the arrest, of defendant, that defendant is a fugitive from justice, and affiant has made diligent effort and is unable to apprehend or learn his whereabouts. Attached to said affidavit is a certified copy of the warrants. Also there is attached an affidavit of George W. Wiles, a deputy sheriff of Payne county, the affidavit of A. D. Williams, a deputy sheriff, and the further affidavit of D. B. Ferguson, a deputy sheriff, all to substantially the same effect. There is also' attached a copy of the Cushing Daily Citizen, a newspaper printed in 'Cushing, Payne county, and dated January 2, 1928, setting out an account of the killing of Essie May Young, by defendant, and the wounding of three other persons. It is further made to appear that one of the persons wounded thereafter on January 7, 1928, died as a result of his wounds, which death is the basis of the second of said warrants of arrest.

It is well settled that, where a defendant is convicted and prosecutes an appeal to this court and pending such appeal becomes a fugitive from justice, and it appears that *57 he cannot be made to respond to any judgment or order which may be made in the case, his appeal will be dismissed.

The appeal is dismissed.

DOYLE, P. J., and DAVENPORT, J., concur.

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Bluebook (online)

1928 OK CR 31, 263 P. 161, 39 Okla. Crim. 55, 1928 Okla. Crim. App. LEXIS 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goss-v-state-oklacrimapp-1928.