Jeffries v. State

Court of Criminal Appeals of Oklahoma

Jeffries v. State

1915 OK CR 26, 146 P. 1086, 11 Okla. Crim. 411, 1915 Okla. Crim. App. LEXIS 28

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 20, 1915

DocketNo. A-2225.

StatusPublished

This text of 1915 OK CR 26 (Jeffries 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

Jeffries v. State, 1915 OK CR 26, 146 P. 1086, 11 Okla. Crim. 411, 1915 Okla. Crim. App. LEXIS 28 (Okla. Ct. App. 1915).

Pincite

Opinion

DOYLE, P. J.

Plaintiff in error was convicted of manslaughter in the first degree, and his punishment assessed at fifteen years in the penitentiary. On the 8th day of September, 1913, he was duly sentenced, and was placed in the penitentiary to undergo said punishment. This is the second appeal in this case. See Jeffries v. State, 9 Okla. Cr. 573, 132 Pac. 823.

Since the appeal was taken, and before the final submission of the cause, suggestion of the death of plaintiff in error has been made, and the same called to the attention of the court by the Attorney General.

In a criminal action, the purpose of the proceedings being to punish the defendant in person, the action must necessarily abate upon his death. Yota v. State, 10 Okla. Cr. 26, 133 Pac. 257; High v. State, post, 146 Pac. 1197.

*412 It is therefore adjudged and ordered that all proceedings in this prosecution be abated. The record is remanded, with direction to the district court of Garvin county to enter its appropriate order to that effect.

FURMAN and ARMSTRONG, JJ., concur.

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