Herndon v. State

Court of Criminal Appeals of Oklahoma

Herndon v. State

1918 OK CR 155, 175 P. 842, 15 Okla. Crim. 195, 1918 Okla. Crim. App. LEXIS 43

CourtCourt of Criminal Appeals of Oklahoma

DecidedNovember 16, 1918

DocketNo. A-3056.

StatusPublished

This text of 1918 OK CR 155 (Herndon 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

Herndon v. State, 1918 OK CR 155, 175 P. 842, 15 Okla. Crim. 195, 1918 Okla. Crim. App. LEXIS 43 (Okla. Ct. App. 1918).

Pincite

Opinion

DOYLE, P. J.

The plaintiff in error, Tom Herndon, was convicted of robbery, and in accordance with the verdict of the jury on the 13th day of February, 1917, was sentenced to be imprisoned in the penitentiary at Mc-Alester for the term of ten years. An appeal by case-made was perfected as that of a poor person, and he was committed to the penitentiary pending the determination of the appeal.

The Attorney General has filed a motion to abate, supported by the affidavits of Sam L. Morley, warden of the penitentiary, and E. M. Fry, as proof of the death of the plaintiff in error.

In a criminal prosecution, the purpose of' the proceeding being to punish the defendant in person, the action *196 must necessarily abate upon his death. It is therefore adjudged and ordered that all proceedings in this prosecution be abated by reason of the death of the plaintiff in error, Tom Herndon, and the district court of Pittsburg county is directed to enter its appropriate order to that effect.

ARMSTRONG and MATSON, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

DOYLE, P. J.

The plaintiff in error, Tom Herndon, was convicted of robbery, and in accordance with the verdict of the jury on the 13th day of February, 1917, was sentenced to be imprisoned in the penitentiary at Mc-Alester for the term of ten years. An appeal by case-made was perfected as that of a poor person, and he was committed to the penitentiary pending the determination of the appeal.

The Attorney General has filed a motion to abate, supported by the affidavits of Sam L. Morley, warden of the penitentiary, and E. M. Fry, as proof of the death of the plaintiff in error.

In a criminal prosecution, the purpose of' the proceeding being to punish the defendant in person, the action *196 must necessarily abate upon his death. It is therefore adjudged and ordered that all proceedings in this prosecution be abated by reason of the death of the plaintiff in error, Tom Herndon, and the district court of Pittsburg county is directed to enter its appropriate order to that effect.

ARMSTRONG and MATSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1918 OK CR 155, 175 P. 842, 15 Okla. Crim. 195, 1918 Okla. Crim. App. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/herndon-v-state-oklacrimapp-1918.