Simmons v. State

Court of Criminal Appeals of Oklahoma

Simmons v. State

1930 OK CR 72, 287 P. 1051, 46 Okla. Crim. 241, 1930 Okla. Crim. App. LEXIS 467

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 28, 1930

DocketNo. A-7294.

StatusPublished

This text of 1930 OK CR 72 (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, 1930 OK CR 72, 287 P. 1051, 46 Okla. Crim. 241, 1930 Okla. Crim. App. LEXIS 467 (Okla. Ct. App. 1930).

Pincite

Opinion

EDWARDS, P. J.

The plaintiff in error was convicted in the county court of Kiowa county on a charge of having possession of intoxicating liquor and Avas sentenced to pay a fine of $50 and to serve thirty days in the county jail.

The appeal was lodged in this court in February, 1929, and plaintiff in error was at large upon an appeal bond. The state has filed a motion to dismiss, from which it appears that defendant, after his conviction, left' the state of Oklahoma, and is a fugitive, his whereabouts being unknown ; that a warrant for said plaintiff in error has been in the hands of the sheriff of Kiowa county for a period of more than six months, and he has been unable to apprehend him or to learn his whereabouts. It is settled by many decisipns of this court that, where a defendant has been convicted and perfects an appeal to this court, this court will not consider his appeal, unless he is where *242 he can be made to respond to any judgment or order which may be rendered in the case. Where a defendant becomes a fugitive from justice pending, the determination of his appeal, this court upon proper motion will dismiss the same.

The case is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

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

EDWARDS, P. J.

The plaintiff in error was convicted in the county court of Kiowa county on a charge of having possession of intoxicating liquor and Avas sentenced to pay a fine of $50 and to serve thirty days in the county jail.

The appeal was lodged in this court in February, 1929, and plaintiff in error was at large upon an appeal bond. The state has filed a motion to dismiss, from which it appears that defendant, after his conviction, left' the state of Oklahoma, and is a fugitive, his whereabouts being unknown ; that a warrant for said plaintiff in error has been in the hands of the sheriff of Kiowa county for a period of more than six months, and he has been unable to apprehend him or to learn his whereabouts. It is settled by many decisipns of this court that, where a defendant has been convicted and perfects an appeal to this court, this court will not consider his appeal, unless he is where *242 he can be made to respond to any judgment or order which may be rendered in the case. Where a defendant becomes a fugitive from justice pending, the determination of his appeal, this court upon proper motion will dismiss the same.

The case is dismissed.

DAVENPORT and CHAPPELL, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

1930 OK CR 72, 287 P. 1051, 46 Okla. Crim. 241, 1930 Okla. Crim. App. LEXIS 467, Counsel Stack Legal Research, https://law.counselstack.com/opinion/simmons-v-state-oklacrimapp-1930.