Houston v. State

Court of Criminal Appeals of Oklahoma

Houston v. State

1919 OK CR 122, 179 P. 946, 15 Okla. Crim. 647, 1919 Okla. Crim. App. LEXIS 114

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 17, 1919

DocketNo. A-3314.

StatusPublished

This text of 1919 OK CR 122 (Houston 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

Houston v. State, 1919 OK CR 122, 179 P. 946, 15 Okla. Crim. 647, 1919 Okla. Crim. App. LEXIS 114 (Okla. Ct. App. 1919).

Pincite

Opinion

DOYLE, P. J.

Plaintiff in error, Isaac Houston, was convicted of murder in the district court of Cherokee county, upon an information filed in said court January 22, 1918, charging that in said county on or about the 28th day of October, 1917, he did kill and murder one Hardy Stevenson by shooting him with a shotgun. From the judgment and sentence rendered in accordance with the verdict assessing the death penalty, an appeal was perfected by filing in this court on April 5, 1918, a petition in "error with case-made.

While his appeal was pending and awaiting decision before this court, the Attorney General filed a motion to abate the proceedings, supported by the written státement of Sam L. Morley, warden of the penitentiary at. McAles- *648 ter, to the effect that plaintiff in error, Isaac Houston, under sentence of death while confined in the penitentiary, died on March 28, 1919: cause, tuberculosis.

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In a criminal action, the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death.

It is therefore considered and adjudged that the proceedings in the above-entitled cause do abate. It is so ordered, with direction to the trial court to enter its appropriate order to that effect.

ARMSTRONG and MATSON, JJ„ concur.

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DOYLE, P. J.

Plaintiff in error, Isaac Houston, was convicted of murder in the district court of Cherokee county, upon an information filed in said court January 22, 1918, charging that in said county on or about the 28th day of October, 1917, he did kill and murder one Hardy Stevenson by shooting him with a shotgun. From the judgment and sentence rendered in accordance with the verdict assessing the death penalty, an appeal was perfected by filing in this court on April 5, 1918, a petition in "error with case-made.

While his appeal was pending and awaiting decision before this court, the Attorney General filed a motion to abate the proceedings, supported by the written státement of Sam L. Morley, warden of the penitentiary at. McAles- *648 ter, to the effect that plaintiff in error, Isaac Houston, under sentence of death while confined in the penitentiary, died on March 28, 1919: cause, tuberculosis.

\

In a criminal action, the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death.

It is therefore considered and adjudged that the proceedings in the above-entitled cause do abate. It is so ordered, with direction to the trial court to enter its appropriate order to that effect.

ARMSTRONG and MATSON, JJ„ concur.

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Bluebook (online)

1919 OK CR 122, 179 P. 946, 15 Okla. Crim. 647, 1919 Okla. Crim. App. LEXIS 114, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houston-v-state-oklacrimapp-1919.