McGraw v. State

Court of Criminal Appeals of Oklahoma

McGraw v. State

1912 OK CR 129, 122 P. 242, 7 Okla. Crim. 105, 1912 Okla. Crim. App. LEXIS 80

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 27, 1912

DocketNo. A-1015.

StatusPublished

Cited by3 cases

This text of 1912 OK CR 129 (McGraw 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

McGraw v. State, 1912 OK CR 129, 122 P. 242, 7 Okla. Crim. 105, 1912 Okla. Crim. App. LEXIS 80 (Okla. Ct. App. 1912).

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Opinion

FURMAN, P. J.

While it is true that a defendant in a criminal case has the right under the Constitution and statutes -of this state to have the rulings, orders, and judgment of the trial court reviewed upon appeal to this court,' yet this right, like any other, may be waived by the voluntary act of such defendant. Where a defendant, pending the determination of his appeal to this court, voluntarily withdraws himself beyond the jurisdiction of the court or becomes a fugitive from justice and ■places himself beyond the reach of the process of the court, so as to defeat the enforcement of any judgment which might be rendered against him, he thereby waives and abandons his right •of appeal, and the appeal will be dismissed. See Tyler v. State, 3 Okla. Cr. 179, 104 Pac. 919, 26 L. R. A. (N. S.) 921; Tanner v. State, 5 Okla. Cr. 298, 114 Pac. 360; Morey v. State, 6 Okla. Cr. 166, 117 Pac. 724; Havill v. State, infra, 121 Pac. 794; Tydings v. State, 4 Okla. Cr. 659, 112 Pac. 759.

*106 It has been made to appear to the satisfaction of this court that the appellant M. C. McGraw, alias Mike O’Brien, is a fugitive from-justice. It is therefore ordered by the court that the appeal in this cause be dismissed.

ARMSTRONG and DOYLE, JJ., concur.

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FURMAN, P. J.

While it is true that a defendant in a criminal case has the right under the Constitution and statutes -of this state to have the rulings, orders, and judgment of the trial court reviewed upon appeal to this court,' yet this right, like any other, may be waived by the voluntary act of such defendant. Where a defendant, pending the determination of his appeal to this court, voluntarily withdraws himself beyond the jurisdiction of the court or becomes a fugitive from justice and ■places himself beyond the reach of the process of the court, so as to defeat the enforcement of any judgment which might be rendered against him, he thereby waives and abandons his right •of appeal, and the appeal will be dismissed. See Tyler v. State, 3 Okla. Cr. 179, 104 Pac. 919, 26 L. R. A. (N. S.) 921; Tanner v. State, 5 Okla. Cr. 298, 114 Pac. 360; Morey v. State, 6 Okla. Cr. 166, 117 Pac. 724; Havill v. State, infra, 121 Pac. 794; Tydings v. State, 4 Okla. Cr. 659, 112 Pac. 759.

*106 It has been made to appear to the satisfaction of this court that the appellant M. C. McGraw, alias Mike O’Brien, is a fugitive from-justice. It is therefore ordered by the court that the appeal in this cause be dismissed.

ARMSTRONG and DOYLE, JJ., concur.

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Bluebook (online)

1912 OK CR 129, 122 P. 242, 7 Okla. Crim. 105, 1912 Okla. Crim. App. LEXIS 80, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mcgraw-v-state-oklacrimapp-1912.

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