Huggins v. State

Court of Criminal Appeals of Oklahoma

Huggins v. State

1918 OK CR 45, 171 P. 1126, 14 Okla. Crim. 421, 1918 Okla. Crim. App. LEXIS 144

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 20, 1918

DocketNo. 3167.

StatusPublished

This text of 1918 OK CR 45 (Huggins 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

Huggins v. State, 1918 OK CR 45, 171 P. 1126, 14 Okla. Crim. 421, 1918 Okla. Crim. App. LEXIS 144 (Okla. Ct. App. 1918).

Pincite

Opinion

DOYLE, P. J.

The plaintiff in error, Will Huggins, was convicted in the county court of Wagoner county of a violation of the prohibitory law, and his punishment fixed at a fine of $250, and confinement for 60 days fn the county jail. From the judgment rendered on the verdict of the jury an appeal was perfected by filing in this court on October 11, 1917, a petition in error, with case-made.

Since the appeal was taken, and before the final submission of the cause, to wit, on April 15th, his counsel of record have filed a motion to abate the proceedings on the ground that the plaintiff in error, Will Huggins, has died; also an affidavit showing that the same was duly served on the Attorney General and county attorney of Wagoner county. 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 proceeding in the above-entitled cause, and especially under the judgment therein rendered, has abated, and that the county court of Wagoner county 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, Will Huggins, was convicted in the county court of Wagoner county of a violation of the prohibitory law, and his punishment fixed at a fine of $250, and confinement for 60 days fn the county jail. From the judgment rendered on the verdict of the jury an appeal was perfected by filing in this court on October 11, 1917, a petition in error, with case-made.

Since the appeal was taken, and before the final submission of the cause, to wit, on April 15th, his counsel of record have filed a motion to abate the proceedings on the ground that the plaintiff in error, Will Huggins, has died; also an affidavit showing that the same was duly served on the Attorney General and county attorney of Wagoner county. 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 proceeding in the above-entitled cause, and especially under the judgment therein rendered, has abated, and that the county court of Wagoner county enter its appropriate order to that effect.

ARMSTRONG and MATSON, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1918 OK CR 45, 171 P. 1126, 14 Okla. Crim. 421, 1918 Okla. Crim. App. LEXIS 144, Counsel Stack Legal Research, https://law.counselstack.com/opinion/huggins-v-state-oklacrimapp-1918.