Zackie v. State

Court of Criminal Appeals of Oklahoma

Zackie v. State

1919 OK CR 45, 178 P. 271, 15 Okla. Crim. 480, 1919 Okla. Crim. App. LEXIS 45

CourtCourt of Criminal Appeals of Oklahoma

DecidedFebruary 15, 1919

DocketNo. A-3482.

StatusPublished

This text of 1919 OK CR 45 (Zackie 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

Zackie v. State, 1919 OK CR 45, 178 P. 271, 15 Okla. Crim. 480, 1919 Okla. Crim. App. LEXIS 45 (Okla. Ct. App. 1919).

Pincite

Opinion

PER CURIAM.

The plaintiff in error, A. Zackie, was convicted at the May term of the superior court of Creek county, sitting at Drumright, on an information charging the possession of intoxicating liquors with intent to sell the same, and in accordance with the verdict of the jury was sentenced to be confined for two months in the county jail and to pay a fine of $500. From the judgment rendered on May 16, 1918, an appeal was attempted to be taken by filing in this court on November 18, 1918, a petition in error with case-made.

*481 Counsel for plaintiff in error has filed a motion to abate, supported by the affidavit of Gaylor R. Wilcox, the trial judge, showing that on the 3rd day of December, 1918, said plaintiff in error, A. Zackie, departed this life at Drumright.

In a criminal prosecution the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death, and, where it is made to appear to this court that plaintiff in error has died pending the determination qí his appeal, the case will be abated.

It is therefore adjudged and ordered that the proceedings in this case be abated, and the same is remanded, with direction to the trial court to enter its appropriate order to that effect.

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PER CURIAM.

The plaintiff in error, A. Zackie, was convicted at the May term of the superior court of Creek county, sitting at Drumright, on an information charging the possession of intoxicating liquors with intent to sell the same, and in accordance with the verdict of the jury was sentenced to be confined for two months in the county jail and to pay a fine of $500. From the judgment rendered on May 16, 1918, an appeal was attempted to be taken by filing in this court on November 18, 1918, a petition in error with case-made.

*481 Counsel for plaintiff in error has filed a motion to abate, supported by the affidavit of Gaylor R. Wilcox, the trial judge, showing that on the 3rd day of December, 1918, said plaintiff in error, A. Zackie, departed this life at Drumright.

In a criminal prosecution the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death, and, where it is made to appear to this court that plaintiff in error has died pending the determination qí his appeal, the case will be abated.

It is therefore adjudged and ordered that the proceedings in this case be abated, and the same is remanded, with direction to the trial court to enter its appropriate order to that effect.

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Bluebook (online)

1919 OK CR 45, 178 P. 271, 15 Okla. Crim. 480, 1919 Okla. Crim. App. LEXIS 45, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zackie-v-state-oklacrimapp-1919.