Short v. State

Court of Criminal Appeals of Oklahoma

Short v. State

1929 OK CR 102, 275 P. 407, 42 Okla. Crim. 286, 1929 Okla. Crim. App. LEXIS 359

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 22, 1929

DocketNo. A-6745.

StatusPublished

This text of 1929 OK CR 102 (Short 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

Short v. State, 1929 OK CR 102, 275 P. 407, 42 Okla. Crim. 286, 1929 Okla. Crim. App. LEXIS 359 (Okla. Ct. App. 1929).

Pincite

Opinion

EDWARDS, P. J.

The plaintiffs in error were convicted in the district court of Garfield county on a charge of having the unlawful possession of narcotics, and were each sentenced to serve a term of three years in the state penitentiary.

From the judgment and conviction the parties appealed to this court. The appeal was perfected in September, 1927, by filing in this court their petition in error with case-made attached. Since the appeal was taken, and before final submission of the case, the plaintiff in error Tom Short departed this life, as shown by statement of his attorney of record. In a criminal prosecution, the purpose of the proceeding being to punish the accused, the. action must necessarily abate upon his death, and, where it is made to appear that the plaintiff in error has died pending the determination of his appeal, the cause will be abated. It is therefore ordered, that the said cause do abate as to th* *287 plaintiff in error Tom Short, with directions to the trial uourt to enter its appropriate order to that effect.

DAVENPORT and CHAPPELL, JJ., concur.

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EDWARDS, P. J.

The plaintiffs in error were convicted in the district court of Garfield county on a charge of having the unlawful possession of narcotics, and were each sentenced to serve a term of three years in the state penitentiary.

From the judgment and conviction the parties appealed to this court. The appeal was perfected in September, 1927, by filing in this court their petition in error with case-made attached. Since the appeal was taken, and before final submission of the case, the plaintiff in error Tom Short departed this life, as shown by statement of his attorney of record. In a criminal prosecution, the purpose of the proceeding being to punish the accused, the. action must necessarily abate upon his death, and, where it is made to appear that the plaintiff in error has died pending the determination of his appeal, the cause will be abated. It is therefore ordered, that the said cause do abate as to th* *287 plaintiff in error Tom Short, with directions to the trial uourt to enter its appropriate order to that effect.

DAVENPORT and CHAPPELL, JJ., concur.

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Bluebook (online)

1929 OK CR 102, 275 P. 407, 42 Okla. Crim. 286, 1929 Okla. Crim. App. LEXIS 359, Counsel Stack Legal Research, https://law.counselstack.com/opinion/short-v-state-oklacrimapp-1929.