Grimm v. State

Court of Criminal Appeals of Oklahoma

Grimm v. State

1929 OK CR 104, 275 P. 654, 42 Okla. Crim. 288, 1929 Okla. Crim. App. LEXIS 361

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 23, 1929

DocketNo. A-6746.

StatusPublished

This text of 1929 OK CR 104 (Grimm 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

Grimm v. State, 1929 OK CR 104, 275 P. 654, 42 Okla. Crim. 288, 1929 Okla. Crim. App. LEXIS 361 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, P. J.

The plaintiffs in error were convicted in the county court of Garfield county on a charge of violating the prohibitory liquor law, and were each sentenced to pay a fine of $500 and to serve six months in the county jail.

The appeal was lodged in this court in September, *289 1927, and plaintiffs in error were at large upon an appeal bond. Thereafter they were apprehended on a charge of felony, and were confined in the county jail of Garfield county, and, while so confined, broke jail, and are now fugitives from justice. It has been uniformly held by this court that, where a person is convicted of a crime and has prosecuted an appeal to this court, and thereafter becomes a fugitive from justice, or otherwise beyond the jurisdiction of this court, and cannot be made to respond to any judgment or order which might be made in the case, the appeal will be dismissed.

For the reasons assigned, the appeal is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

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EDWARDS, P. J.

The plaintiffs in error were convicted in the county court of Garfield county on a charge of violating the prohibitory liquor law, and were each sentenced to pay a fine of $500 and to serve six months in the county jail.

The appeal was lodged in this court in September, *289 1927, and plaintiffs in error were at large upon an appeal bond. Thereafter they were apprehended on a charge of felony, and were confined in the county jail of Garfield county, and, while so confined, broke jail, and are now fugitives from justice. It has been uniformly held by this court that, where a person is convicted of a crime and has prosecuted an appeal to this court, and thereafter becomes a fugitive from justice, or otherwise beyond the jurisdiction of this court, and cannot be made to respond to any judgment or order which might be made in the case, the appeal will be dismissed.

For the reasons assigned, the appeal is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

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Bluebook (online)

1929 OK CR 104, 275 P. 654, 42 Okla. Crim. 288, 1929 Okla. Crim. App. LEXIS 361, Counsel Stack Legal Research, https://law.counselstack.com/opinion/grimm-v-state-oklacrimapp-1929.