Kaufman v. State
This text of 1928 OK CR 279 (Kaufman 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.
Opinion
Lee Kaufman was convicted in the county court of Kay county on a charge that he did unlawfully sell two drinks of whisky to one P. C. Copeland, and, in accordance with the verdict of the jury, was sentenced to pay a fine of $50 and to be confined in the county jail for 80 days. From the judgment rendered December 4, 1926, an appeal was perfected by filing in this court on February 18th, 1927, a petition in error with case-made. On May 15, 1928, the cause was submitted on briefs.
His counsel of record have filed a motion to abate the proceedings on the ground that plaintiff in error, Lee Kaufman, departed this life at Claremore on or about the 17th day of June, 1928, which motion is supported by the affidavit of Charles Jenkins, and a further showing that the motion and affidavit attached was *441 duly served on the Attorney General and the county attorney of Kay county.
In a criminal action, the purpose of the proceedings being to punish the defendant in person, the action must necessarily abate upon his death.
It is therefore considered, ordered, and adjudged that the proceeding in this cause, and especially in the judgment appealed from, has abated, and that the county court of Kay county enter its appropriate order to that effect.
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Cite This Page — Counsel Stack
1928 OK CR 279, 269 P. 787, 40 Okla. Crim. 440, 1928 Okla. Crim. App. LEXIS 222, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kaufman-v-state-oklacrimapp-1928.