Johnson v. State

Court of Criminal Appeals of Oklahoma

Johnson v. State

1964 OK CR 61, 392 P.2d 767, 1964 Okla. Crim. App. LEXIS 187

CourtCourt of Criminal Appeals of Oklahoma

DecidedJune 3, 1964

DocketA-13410

StatusPublished

Cited by4 cases

This text of 1964 OK CR 61 (Johnson 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

Johnson v. State, 1964 OK CR 61, 392 P.2d 767, 1964 Okla. Crim. App. LEXIS 187 (Okla. Ct. App. 1964).

Pincite

Opinion

BUSSEY, Judge.

James Riley Johnson was tried and convicted for the offense of Rape in the First Degree, in the District Court of McIntosh County, Oklahoma on the 23rd day of March 1963, the Jury found him guilty and assessed his punishment at Fifteen (15) Years in the State Penitentiary at McAles-ter, Oklahoma.

Thereafter, on the 5th day of July, 1963, Petition in Error with casemade attached was duly filed in this Court, and on the 1st day of April, 1964, this matter was set for Oral Argument. Thereafter, it having-been made to appear to the Court that James Riley Johnson expired as the result of an automobile accident, we are of the opinion that the above styled and numbered cause should be, and the same is hereby abated.

This Court has previously held that; when during the pendency of an appeal it is affirmatively made to appear to the Court that the plaintiff in error has expired, it is the duty of the Court to enter an Order abating said appeal.

It is so ordered.

Appeal abated.

JOHNSON, P. J., concurs. NIX, J., not participating.

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