State v. Akin

Court of Criminal Appeals of Oklahoma

State v. Akin

1929 OK CR 284, 279 P. 910, 44 Okla. Crim. 13, 1929 Okla. Crim. App. LEXIS 16

CourtCourt of Criminal Appeals of Oklahoma

DecidedJuly 20, 1929

DocketNos. A-7107 to A-7111.

StatusPublished

This text of 1929 OK CR 284 (State v. Akin) 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

State v. Akin, 1929 OK CR 284, 279 P. 910, 44 Okla. Crim. 13, 1929 Okla. Crim. App. LEXIS 16 (Okla. Ct. App. 1929).

Pincite

Opinion

PER CURIAM.

The defendant in error was indicted by a grand jury of Creek county on a charge of felony. Upon motion, the court quashed and set aside the indictment, and the state appealed. Since the appeal by the state was taken, it is made to appear that the defendant in error departed this life in Creek county.

The purpose of a criminal prosecution is to punish the accused. Upon his death the action must necessarily abate, whether the appeal be prosecuted by the state or by the accused. It being made to appear that the accused has died pending determination of the appeal, it is ordered that the proceedings in the above-entitled cause do abate, with directions to the trial court to enter its appropriate order to that effect.

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PER CURIAM.

The defendant in error was indicted by a grand jury of Creek county on a charge of felony. Upon motion, the court quashed and set aside the indictment, and the state appealed. Since the appeal by the state was taken, it is made to appear that the defendant in error departed this life in Creek county.

The purpose of a criminal prosecution is to punish the accused. Upon his death the action must necessarily abate, whether the appeal be prosecuted by the state or by the accused. It being made to appear that the accused has died pending determination of the appeal, it is ordered that the proceedings in the above-entitled cause do abate, with directions to the trial court to enter its appropriate order to that effect.

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Bluebook (online)

1929 OK CR 284, 279 P. 910, 44 Okla. Crim. 13, 1929 Okla. Crim. App. LEXIS 16, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-akin-oklacrimapp-1929.