Royal v. State

Court of Criminal Appeals of Oklahoma

Royal v. State

1975 OK CR 183, 541 P.2d 372, 1975 Okla. Crim. App. LEXIS 446

CourtCourt of Criminal Appeals of Oklahoma

DecidedSeptember 22, 1975

DocketNo. F-75-409

StatusPublished

Cited by1 cases

This text of 1975 OK CR 183 (Royal 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

Royal v. State, 1975 OK CR 183, 541 P.2d 372, 1975 Okla. Crim. App. LEXIS 446 (Okla. Ct. App. 1975).

Pincite

Opinion

OPINION

BUSSEY, Judge:

Appellant, Jerry A. Royal, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Carter County, Case No. CRF-74-209, for the offense of Larceny of Automobile, After Former Conviction of Felony, in violation of 21 O.S.1971, §§51 and 1720. The jury fixed his punishment at ten (10) years’ imprisonment, and from said judgment and sentence an appeal has been lodged with this Court.

In behalf of the State, this Court has been duly presented with a Motion to Dismiss this purported appeal for failure to comply with Rules 2.7, subd. A and 2.8, subd. A, 22 O.S.Supp.1974, Ch. 18, App., and upon the additional basis, supported by affidavit, that while committed to the Oklahoma Department of Corrections under the above judgment and sentence and incarcerated at the Lexington Regional Treatment Center the defendant escaped custody on July 26, 1975, and remains at large. We need only observe that this Court has long held that an appeal from a conviction will be dismissed where the accused is a fugitive from justice, or otherwise beyond the jurisdiction of the Court. See, Tyler v. State, 3 Okl.Cr. 179, 104 P. 919 (1909); Winters v. State, 31 Okl.Cr. 280, 238 P. 506 (1925); Barnard v. State, 32 Okl.Cr. 395, 241 P. 199 (1925); Exline v. State, 48 Okl.Cr. 181, 290 P. 349 (1930), and, Brinlee v. State, Okl.Cr., 513 P.2d 343 (1973). Also see, United States v. Swigart, 490 F.2d 914 (10th Cir. 1973), and Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970).

We are therefore of the opinion that defendant’s appeal from the aforesaid conviction should be dismissed, and the Clerk of this Court is directed to issue the Mandate forthwith.

It is so ordered.

BRETT, P. J., and BLISS, J., concur.

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

OPINION

BUSSEY, Judge:

Appellant, Jerry A. Royal, hereinafter referred to as defendant, was charged, tried and convicted in the District Court, Carter County, Case No. CRF-74-209, for the offense of Larceny of Automobile, After Former Conviction of Felony, in violation of 21 O.S.1971, §§51 and 1720. The jury fixed his punishment at ten (10) years’ imprisonment, and from said judgment and sentence an appeal has been lodged with this Court.

In behalf of the State, this Court has been duly presented with a Motion to Dismiss this purported appeal for failure to comply with Rules 2.7, subd. A and 2.8, subd. A, 22 O.S.Supp.1974, Ch. 18, App., and upon the additional basis, supported by affidavit, that while committed to the Oklahoma Department of Corrections under the above judgment and sentence and incarcerated at the Lexington Regional Treatment Center the defendant escaped custody on July 26, 1975, and remains at large. We need only observe that this Court has long held that an appeal from a conviction will be dismissed where the accused is a fugitive from justice, or otherwise beyond the jurisdiction of the Court. See, Tyler v. State, 3 Okl.Cr. 179, 104 P. 919 (1909); Winters v. State, 31 Okl.Cr. 280, 238 P. 506 (1925); Barnard v. State, 32 Okl.Cr. 395, 241 P. 199 (1925); Exline v. State, 48 Okl.Cr. 181, 290 P. 349 (1930), and, Brinlee v. State, Okl.Cr., 513 P.2d 343 (1973). Also see, United States v. Swigart, 490 F.2d 914 (10th Cir. 1973), and Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970).

We are therefore of the opinion that defendant’s appeal from the aforesaid conviction should be dismissed, and the Clerk of this Court is directed to issue the Mandate forthwith.

It is so ordered.

BRETT, P. J., and BLISS, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1975 OK CR 183, 541 P.2d 372, 1975 Okla. Crim. App. LEXIS 446, Counsel Stack Legal Research, https://law.counselstack.com/opinion/royal-v-state-oklacrimapp-1975.

Opinion

Related

Cite This Page — Counsel Stack