Kendrick v. State

Court of Criminal Appeals of Oklahoma

Kendrick v. State

1924 OK CR 255, 229 P. 1118, 28 Okla. Crim. 166, 1924 Okla. Crim. App. LEXIS 257

CourtCourt of Criminal Appeals of Oklahoma

DecidedOctober 25, 1924

DocketNo. A-4706.

StatusPublished

This text of 1924 OK CR 255 (Kendrick 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

Kendrick v. State, 1924 OK CR 255, 229 P. 1118, 28 Okla. Crim. 166, 1924 Okla. Crim. App. LEXIS 257 (Okla. Ct. App. 1924).

Pincite

Opinion

PER CURIAM.

Plaintiff in error, Jack Kendrick, was on the 30th day of January, 1923, by judgment of the county court of Jefferson county, convicted of the offense of unlawful possession of intoxicating liquor, and punishment assessed at a fine of $250 and to serve 90 days in the county jail. From such judgment an appeal was taken to this court, by filing herein on May 26, 1923, petition in error with case-made attached. Since the appeal was taken, suggestion of the death of the plaintiff in error has been made by the counsel of record, and for such reason counsel have filed a verified motion to abate this action, by showing that the plaintiff in error died in the city of Duncan, Okla., on the 10th day of February, 1924. 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 proceedings in the above- *167 entitled cause, and especially under the judgment therein rendered, do abate. It is so ordered, and the cause remanded to the county court of Jefferson county, with directions to enter its appropriate order to that effect.

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PER CURIAM.

Plaintiff in error, Jack Kendrick, was on the 30th day of January, 1923, by judgment of the county court of Jefferson county, convicted of the offense of unlawful possession of intoxicating liquor, and punishment assessed at a fine of $250 and to serve 90 days in the county jail. From such judgment an appeal was taken to this court, by filing herein on May 26, 1923, petition in error with case-made attached. Since the appeal was taken, suggestion of the death of the plaintiff in error has been made by the counsel of record, and for such reason counsel have filed a verified motion to abate this action, by showing that the plaintiff in error died in the city of Duncan, Okla., on the 10th day of February, 1924. 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 proceedings in the above- *167 entitled cause, and especially under the judgment therein rendered, do abate. It is so ordered, and the cause remanded to the county court of Jefferson county, with directions to enter its appropriate order to that effect.

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Bluebook (online)

1924 OK CR 255, 229 P. 1118, 28 Okla. Crim. 166, 1924 Okla. Crim. App. LEXIS 257, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kendrick-v-state-oklacrimapp-1924.