Sancho v. State

Court of Criminal Appeals of Oklahoma

Sancho v. State

1927 OK CR 195, 258 P. 1056, 37 Okla. Crim. 349, 1927 Okla. Crim. App. LEXIS 78

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 30, 1927

DocketNo. A-6201.

StatusPublished

This text of 1927 OK CR 195 (Sancho 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

Sancho v. State, 1927 OK CR 195, 258 P. 1056, 37 Okla. Crim. 349, 1927 Okla. Crim. App. LEXIS 78 (Okla. Ct. App. 1927).

Pincite

Opinion

DOYLE, P. J.

Plaintiff in error, Sanders Sancho, was convicted of forgery in the second degree, and was sentenced to imprisonment for the term of one year in the penitentiary. From the judgment rendered on the verdict an appeal by case-made w!as perfected, April 23, 1926.

Suggestion, of the death of plaintiff in error has been made and his counsel of record has filed a motion to abate, setting forth the death of plaintiff in error.

In a criminal action, the purpose of the proceedings being to punish the defendant in person, the action must necessarily abate upon his death. It is therefore considered and adjudged that the proceedings in the above entitled and numbered cause, and especially on the judgment appealed from, do abate and cause remanded to the district court of Seminole county with direction to enter its appropriate order to that effect.

EDWARDS and DAVENPORT, JJ., concur.

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DOYLE, P. J.

Plaintiff in error, Sanders Sancho, was convicted of forgery in the second degree, and was sentenced to imprisonment for the term of one year in the penitentiary. From the judgment rendered on the verdict an appeal by case-made w!as perfected, April 23, 1926.

Suggestion, of the death of plaintiff in error has been made and his counsel of record has filed a motion to abate, setting forth the death of plaintiff in error.

In a criminal action, the purpose of the proceedings being to punish the defendant in person, the action must necessarily abate upon his death. It is therefore considered and adjudged that the proceedings in the above entitled and numbered cause, and especially on the judgment appealed from, do abate and cause remanded to the district court of Seminole county with direction to enter its appropriate order to that effect.

EDWARDS and DAVENPORT, JJ., concur.

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Bluebook (online)

1927 OK CR 195, 258 P. 1056, 37 Okla. Crim. 349, 1927 Okla. Crim. App. LEXIS 78, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sancho-v-state-oklacrimapp-1927.