Hughes v. State

Court of Criminal Appeals of Oklahoma

Hughes v. State

1928 OK CR 338, 272 P. 485, 41 Okla. Crim. 259, 1928 Okla. Crim. App. LEXIS 68

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 15, 1928

DocketNo. A-6569.

StatusPublished

This text of 1928 OK CR 338 (Hughes 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

Hughes v. State, 1928 OK CR 338, 272 P. 485, 41 Okla. Crim. 259, 1928 Okla. Crim. App. LEXIS 68 (Okla. Ct. App. 1928).

Pincite

Opinion

EDWARDS, J.

The plaintiff in error was convicted in the district court of Washita county on a charge of robbery, and was sentenced to serve a term of five years in the state penitentiary.

The record discloses that on April 12, 1927, there was lodged in this court an appeal from the conviction of plaintiff in error in the district court of Washita county, wherein he was convicted of robbery and was sentenced to serve a term of five years in the state penitentiary. Pending his appeal, plaintiff in error was incarcerated in the state reformatory at Granite, Okla., upon a prior conviction for larceny in the district court of Custer coun•ty. On November 20, 1928, said plaintiff in error escaped from the reformatory at Granite, and is now a fugitive from justice, as is made to appear from the motion of the Attorney General and the affidavits attached.

It is well settled that, where a defendant has been convicted and perfects an appeal to this court and thereafter becomes a fugitive and is where he cannot be made to respond to any judgment or order which may be rendered in the case, the appeal will be dismissed.

Following this well-settled rule, the appeal is dismissed.

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

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

EDWARDS, J.

The plaintiff in error was convicted in the district court of Washita county on a charge of robbery, and was sentenced to serve a term of five years in the state penitentiary.

The record discloses that on April 12, 1927, there was lodged in this court an appeal from the conviction of plaintiff in error in the district court of Washita county, wherein he was convicted of robbery and was sentenced to serve a term of five years in the state penitentiary. Pending his appeal, plaintiff in error was incarcerated in the state reformatory at Granite, Okla., upon a prior conviction for larceny in the district court of Custer coun•ty. On November 20, 1928, said plaintiff in error escaped from the reformatory at Granite, and is now a fugitive from justice, as is made to appear from the motion of the Attorney General and the affidavits attached.

It is well settled that, where a defendant has been convicted and perfects an appeal to this court and thereafter becomes a fugitive and is where he cannot be made to respond to any judgment or order which may be rendered in the case, the appeal will be dismissed.

Following this well-settled rule, the appeal is dismissed.

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

Cite This Page — Counsel Stack

Bluebook (online)

1928 OK CR 338, 272 P. 485, 41 Okla. Crim. 259, 1928 Okla. Crim. App. LEXIS 68, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hughes-v-state-oklacrimapp-1928.