379 P.2d 866 (Okla.Crim.App. 1963), A-13315, Edmondson v. State

Docket Nº:A-13315.
Citation:379 P.2d 866
Party Name:Ernest L. EDMONDSON, Plaintiff in Error, v. The STATE of Oklahoma, Defendant in Error.
Case Date:March 06, 1963
Court:Court of Appeals of Oklahoma, Court of Criminal Appeals of Oklahoma

Page 866

379 P.2d 866 (Okla.Crim.App. 1963)

Ernest L. EDMONDSON, Plaintiff in Error,

v.

The STATE of Oklahoma, Defendant in Error.

No. A-13315.

Court of Criminal Appeals of Oklahoma.

March 6, 1963.

Syllabus by the Court

1. The right of appeal is a privilege granted by the laws of the State to persons who are convicted of crime. The option of exercising and discontinuing the same, when the statute and rules of the court are complied with, ordinarily rests in the discretion of the party appealing.

2. When a person has lodged an appeal in the Court of Criminal Appeals, and the case has not been briefed, on motion of the appellant, in absence of good reason shown to the contrary, Court will permit the appellant to dismiss the appeal on his own motion, and direct the trial court to enforce the judgment and sentence.

3. The appellant has the right to dismiss his appeal when this can be done without prejudice to the rights of the State and the administration of justice.

Appeal from the District Court of Tulsa County; Leslie Webb, Judge.

Ernest L. Edmondson was convicted of the crime of burglary, second degree, and appealed. Thereafter he moved to dismiss the appeal. Motion sustained and appeal dismissed.

Thomas G. Hanlon, Tulsa, for plaintiff in error.

Charles Nesbitt, Atty. Gen., Hugh H. Collum, Asst. Atty. Gen., for defendant in error.

JOHNSON, Judge.

Ernest L. Edmondson was charged in the district court of Tulsa County with the crime of second degree burglary, conjoint. He was tried before a jury, convicted of burglary in the second degree, and on September 11, 1962 was sentenced to serve two years in the State Penitentiary at McAlester. Appeal was duly lodged in this Court on December 10, 1962.

The case was placed on the Court docket for February 20, 1963 for oral argument and submission, and notice thereof sent to the attorney of record for appellant. At the request of the attorney, the case was on said date stricken from the assignment, to be set at a later date.

Page 867

Thereafter and on February 25, 1963 Mr. Thomas G. Hanlon, the attorney of record for...

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3 practice notes
  • 386 P.2d 647 (Okla.Crim.App. 1963), A-13424, Pierse v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • 6 Noviembre 1963
    ...this can be done without Page 648 prejudice to the rights of the State and the administration of justice.' Edmondson v. State, Okl.Cr., 379 P.2d 866; and cases cited therein. We have carefully examined the record and are of the opinion that Petitioner in Error's Motion to Dismiss can be gra......
  • 857 P.2d 802 (Okla.Crim.App. 1993), 92-1001, Grasso v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • 15 Julio 1993
    ...when in compliance with the statute and rules of the Court, ordinarily rests in the discretion of the party appealing. Edmondson v. State, 379 P.2d 866, 867 (Okl.Cr.1963). Accordingly, the parties were directed to file an oral argument statement addressing the following (1) whether Appellan......
  • 500 P.2d 1012 (Wash.App. Div. 1 1972), 1212, State v. Wells
    • United States
    • Washington Court of Appeals of Washington
    • 11 Septiembre 1972
    ...of justice. State v. Collins, 195 Kan. 695, 408 P.2d 639 (1966); Pierse v. State, 386 P.2d 647 (Okl.Cr.1963); Edmondson v. State, 379 P.2d 866 (Okl.Cr.1963); See generally 22 C.J.S. Criminal Law § 397 (1961); 5 Am.Jur.2d Appeal and Error § 920 (1962). [7 Wn.App. In Kotz v. United States, 35......
3 cases
  • 386 P.2d 647 (Okla.Crim.App. 1963), A-13424, Pierse v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • 6 Noviembre 1963
    ...this can be done without Page 648 prejudice to the rights of the State and the administration of justice.' Edmondson v. State, Okl.Cr., 379 P.2d 866; and cases cited therein. We have carefully examined the record and are of the opinion that Petitioner in Error's Motion to Dismiss can be gra......
  • 857 P.2d 802 (Okla.Crim.App. 1993), 92-1001, Grasso v. State
    • United States
    • Oklahoma Court of Appeals of Oklahoma Court of Criminal Appeals of Oklahoma
    • 15 Julio 1993
    ...when in compliance with the statute and rules of the Court, ordinarily rests in the discretion of the party appealing. Edmondson v. State, 379 P.2d 866, 867 (Okl.Cr.1963). Accordingly, the parties were directed to file an oral argument statement addressing the following (1) whether Appellan......
  • 500 P.2d 1012 (Wash.App. Div. 1 1972), 1212, State v. Wells
    • United States
    • Washington Court of Appeals of Washington
    • 11 Septiembre 1972
    ...of justice. State v. Collins, 195 Kan. 695, 408 P.2d 639 (1966); Pierse v. State, 386 P.2d 647 (Okl.Cr.1963); Edmondson v. State, 379 P.2d 866 (Okl.Cr.1963); See generally 22 C.J.S. Criminal Law § 397 (1961); 5 Am.Jur.2d Appeal and Error § 920 (1962). [7 Wn.App. In Kotz v. United States, 35......