Swain v. State

Court of Criminal Appeals of Oklahoma

Swain v. State

1928 OK CR 151, 266 P. 510, 40 Okla. Crim. 24, 1928 Okla. Crim. App. LEXIS 96

CourtCourt of Criminal Appeals of Oklahoma

DecidedApril 23, 1928

DocketNo. A-6534.

StatusPublished

This text of 1928 OK CR 151 (Swain 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

Swain v. State, 1928 OK CR 151, 266 P. 510, 40 Okla. Crim. 24, 1928 Okla. Crim. App. LEXIS 96 (Okla. Ct. App. 1928).

Pincite

Opinion

PER CURIAM.

The plaintiff in error was convicted in the superior court of Pottawatomie county of the crime of illegal possession of intoxicating liquor and was sentenced to pay a fine of $400 and to imprisonment in the county jail for six months. To reverse the judgment, an appeal was taken by filing in this court March 18, 1927, a petition in error with transcript, which transcript fails to show the judgment and sentence from which the appeal was taken.

On April 21, 1928, his counsel of record filed a suggestion of the death of plaintiff in error, Charlie Swain.

Upon the record before us we are of opinion that the appeal in this case was never properly perfected.

*25 It is therefore considered and adjudged that the appeal herein be dismissed, and the cause remanded to the lower court, where a proper order on the question of abatement of the action may be made. Mandate forthwith.

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PER CURIAM.

The plaintiff in error was convicted in the superior court of Pottawatomie county of the crime of illegal possession of intoxicating liquor and was sentenced to pay a fine of $400 and to imprisonment in the county jail for six months. To reverse the judgment, an appeal was taken by filing in this court March 18, 1927, a petition in error with transcript, which transcript fails to show the judgment and sentence from which the appeal was taken.

On April 21, 1928, his counsel of record filed a suggestion of the death of plaintiff in error, Charlie Swain.

Upon the record before us we are of opinion that the appeal in this case was never properly perfected.

*25 It is therefore considered and adjudged that the appeal herein be dismissed, and the cause remanded to the lower court, where a proper order on the question of abatement of the action may be made. Mandate forthwith.

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Bluebook (online)

1928 OK CR 151, 266 P. 510, 40 Okla. Crim. 24, 1928 Okla. Crim. App. LEXIS 96, Counsel Stack Legal Research, https://law.counselstack.com/opinion/swain-v-state-oklacrimapp-1928.