Simmons v. State

Court of Criminal Appeals of Oklahoma

Simmons v. State

1927 OK CR 73, 253 P. 1032, 36 Okla. Crim. 269, 1927 Okla. Crim. App. LEXIS 172

CourtCourt of Criminal Appeals of Oklahoma

DecidedMarch 12, 1927

DocketNo. A-5705.

StatusPublished

This text of 1927 OK CR 73 (Simmons 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

Simmons v. State, 1927 OK CR 73, 253 P. 1032, 36 Okla. Crim. 269, 1927 Okla. Crim. App. LEXIS 172 (Okla. Ct. App. 1927).

Pincite

Opinion

DOYLE, P. J.

Appellant, Luther Simmons, was convicted on a charge of unlawful possession of intoxicating liquors, and, in pursuance of the verdict, was sentenced to pay a fine of $100, and be imprisoned in the county jail for 30 days. From the judgment an appeal was *270 duly perfected. Pending the determination of said appeal, suggestion of the death of appellant has been made by his counsel of record.

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 cause, and especially under the judgment therein rendered, do abate. It is so ordered, and the cause remanded to the county court of McCurtain county, with direction to enter its appropriate order to that effect.

EDWARDS and DAVENPORT, JJ., concur.

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DOYLE, P. J.

Appellant, Luther Simmons, was convicted on a charge of unlawful possession of intoxicating liquors, and, in pursuance of the verdict, was sentenced to pay a fine of $100, and be imprisoned in the county jail for 30 days. From the judgment an appeal was *270 duly perfected. Pending the determination of said appeal, suggestion of the death of appellant has been made by his counsel of record.

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 cause, and especially under the judgment therein rendered, do abate. It is so ordered, and the cause remanded to the county court of McCurtain 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 73, 253 P. 1032, 36 Okla. Crim. 269, 1927 Okla. Crim. App. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-oklacrimapp-1927.