Neff v. State

Court of Criminal Appeals of Oklahoma

Neff v. State

1924 OK CR 333, 231 P. 897, 28 Okla. Crim. 448, 1924 Okla. Crim. App. LEXIS 333

CourtCourt of Criminal Appeals of Oklahoma

DecidedDecember 31, 1924

DocketNo. A-4916.

StatusPublished

Cited by1 cases

This text of 1924 OK CR 333 (Neff 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

Neff v. State, 1924 OK CR 333, 231 P. 897, 28 Okla. Crim. 448, 1924 Okla. Crim. App. LEXIS 333 (Okla. Ct. App. 1924).

Pincite

Opinion

PER CURIAM.

Plaintiff in error, Walter Neff, was convicted in the district court of Ottawa county, on a charge of transporting whisky, second offense, and his punishment fixed at a fine of $500 and imprisonment in the penitentiary for a term of two years. From the judgment rendered on the verdict, on May 19, 1923, an appeal was perfected by filing in this court on November 16, 1923, a petition in error with ease-made.

*449 Since the appeal was taken, and before tbe final submission of the cause, suggestion of tbe death of tbe plaintiff in error, Walter Neff, has been made. In a criminal action, tbe purpose of tbe proceedings being to punish tbe defendant in person, tbe action must necessarily abate upon bis death.

It is therefore considered, adjudged, and ordered that the proceedings in this cause, and especially under tbe judgment therein rendered, have abated, and that the district court of Ottawa county enter its appropriate order to that effect.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Plaintiff in error, Walter Neff, was convicted in the district court of Ottawa county, on a charge of transporting whisky, second offense, and his punishment fixed at a fine of $500 and imprisonment in the penitentiary for a term of two years. From the judgment rendered on the verdict, on May 19, 1923, an appeal was perfected by filing in this court on November 16, 1923, a petition in error with ease-made.

*449 Since the appeal was taken, and before tbe final submission of the cause, suggestion of tbe death of tbe plaintiff in error, Walter Neff, has been made. In a criminal action, tbe purpose of tbe proceedings being to punish tbe defendant in person, tbe action must necessarily abate upon bis death.

It is therefore considered, adjudged, and ordered that the proceedings in this cause, and especially under tbe judgment therein rendered, have abated, and that the district court of Ottawa county enter its appropriate order to that effect.

Cite This Page — Counsel Stack

Bluebook (online)

1924 OK CR 333, 231 P. 897, 28 Okla. Crim. 448, 1924 Okla. Crim. App. LEXIS 333, Counsel Stack Legal Research, https://law.counselstack.com/opinion/neff-v-state-oklacrimapp-1924.

Opinion

Related

Cite This Page — Counsel Stack