Marsh v. State

Court of Criminal Appeals of Oklahoma

Marsh v. State

1941 OK CR 23, 110 P.2d 326, 71 Okla. Crim. 222, 1941 Okla. Crim. App. LEXIS 23

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 6, 1941

DocketNo. A-9798.

StatusPublished

This text of 1941 OK CR 23 (Marsh 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

Marsh v. State, 1941 OK CR 23, 110 P.2d 326, 71 Okla. Crim. 222, 1941 Okla. Crim. App. LEXIS 23 (Okla. Ct. App. 1941).

Pincite

Opinion

PER CURIAM.

The defendant, J. S. Marsh, was convicted of the crime of embezzlement in the district court of Oklahoma county, and his punishment assessed at imprisonment in the State Penitentiary for one year, from which judgment and sentence he appealed to this court on the 9th day of January, 1940.

Since this appeal was taken the defendant departed this life, as shown by death certificate filed in this court on the 29th day of January, 1941.

In a criminal prosecution the purpose of proceedings being to punish the accused, the action must necessarily abate upon his death, and, where it is made to appear that defendant has died pending the determination of the appeal, the cause will be abated.

*223 It is therefore considered, ordered, adjudged and decreed that the proceedings in the above-entitled cause do abate, and the cause is remanded to the trial court to enter its appropriate order to that effect.

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PER CURIAM.

The defendant, J. S. Marsh, was convicted of the crime of embezzlement in the district court of Oklahoma county, and his punishment assessed at imprisonment in the State Penitentiary for one year, from which judgment and sentence he appealed to this court on the 9th day of January, 1940.

Since this appeal was taken the defendant departed this life, as shown by death certificate filed in this court on the 29th day of January, 1941.

In a criminal prosecution the purpose of proceedings being to punish the accused, the action must necessarily abate upon his death, and, where it is made to appear that defendant has died pending the determination of the appeal, the cause will be abated.

*223 It is therefore considered, ordered, adjudged and decreed that the proceedings in the above-entitled cause do abate, and the cause is remanded to the trial court to enter its appropriate order to that effect.

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Bluebook (online)

1941 OK CR 23, 110 P.2d 326, 71 Okla. Crim. 222, 1941 Okla. Crim. App. LEXIS 23, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marsh-v-state-oklacrimapp-1941.