Mendall v. State

Court of Criminal Appeals of Oklahoma

Mendall v. State

1929 OK CR 173, 277 P. 263, 43 Okla. Crim. 51, 1929 Okla. Crim. App. LEXIS 199

CourtCourt of Criminal Appeals of Oklahoma

DecidedMay 11, 1929

DocketNo. A-6983.

StatusPublished

This text of 1929 OK CR 173 (Mendall 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

Mendall v. State, 1929 OK CR 173, 277 P. 263, 43 Okla. Crim. 51, 1929 Okla. Crim. App. LEXIS 199 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, P. J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Woods county on a charge of violating the prohibitory liquor law, and was sentenced to serve a term of 30 days in the county jail and to pay a fine of |50.

The judgment was rendered in January, 1928, and the appeal was lodged in this court in April, 1928. In August following there was filed in this court a motion to dismiss, setting out that subsequent to the conviction in this case defendant was again convicted for a violation *52 of the prohibitory liquor law, and while serving said sentence he escaped from the county jail and is a fugitive from justice. This motion is supported by affidavit of the sheriff of Woods county. No response thereto has been filed. In conformity to the uniform holding of this court, where a person is convicted of á crime and appeals, and after-wards becomes a fugitive, the appeal will be dismissed.

For the reasons assigned, the appeal is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

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EDWARDS, P. J.

The plaintiff in error, hereinafter called defendant, was convicted in the county court of Woods county on a charge of violating the prohibitory liquor law, and was sentenced to serve a term of 30 days in the county jail and to pay a fine of |50.

The judgment was rendered in January, 1928, and the appeal was lodged in this court in April, 1928. In August following there was filed in this court a motion to dismiss, setting out that subsequent to the conviction in this case defendant was again convicted for a violation *52 of the prohibitory liquor law, and while serving said sentence he escaped from the county jail and is a fugitive from justice. This motion is supported by affidavit of the sheriff of Woods county. No response thereto has been filed. In conformity to the uniform holding of this court, where a person is convicted of á crime and appeals, and after-wards becomes a fugitive, the appeal will be dismissed.

For the reasons assigned, the appeal is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

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Bluebook (online)

1929 OK CR 173, 277 P. 263, 43 Okla. Crim. 51, 1929 Okla. Crim. App. LEXIS 199, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mendall-v-state-oklacrimapp-1929.