Bean v. State
| Decision Date | 25 August 1922 |
| Docket Number | A-3978. |
| Parties | BEAN v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by Editorial Staff.
Where executive clemency was granted to one convicted and under sentence for murder, appeal will be dismissed on defendant's motion.
Appeal from District Court, Nowata County; C. W. Mason, Judge.
Mark H. Bean was convicted of murder, and he appeals. Appeal dismissed.
See, also, In re Bean (Cr. App.) 190 P. 1091.
Where executive clemency was granted to one convicted and under sentence for murder, appeal will be dismissed on defendant's motion.
C. L. Rider, of Vinita, for plaintiff in error.
The plaintiff in error, Mark H. Bean, and Oscar Sherman were by information jointly charged with the crime of murder, alleged to have been committed in Nowata county on or about the 28th day of August, 1919, by shooting one Fred Avery with a pistol. Upon his separate trial the jury returned a verdict finding Mark H. Bean, plaintiff in error, guilty of murder, assessing his punishment at imprisonment in the penitentiary for life. From the judgment rendered in pursuance of the verdict on the 15th day of November, 1920, an appeal was perfected by filing in this court on May 9, 1921, a petition in error with casemade.
His counsel of record has filed a motion to dismiss the appeal herein on the ground that plaintiff in error has been granted executive clemency, and that he has accepted the same.
The motion to dismiss the appeal herein is sustained, and the cause remanded to the trial court.
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