Duggins v. State

• Decision Date: 12 June 1946
• Docket Number: A-10670.
• Citation: 170 P.2d 266,82 Okla.Crim. 357
• Parties: DUGGINS v. STATE.
• Court: United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma

170 P.2d 266

82 Okla.Crim. 357

DUGGINS v. STATE.

No. A-10670.

Court of Criminal Appeals of Oklahoma

June 12, 1946

Appeal from District Court, Custer County; W. P. Keen, Judge.

Eddie Duggins was convicted of the crime of riot, and he appeals.

Appeal dismissed.

Syllabus by the Court.

1. Where defendant has been convicted and sentenced and perfects an appeal, Criminal Court of Appeals will not consider his appeal unless the defendant is where he can be made to respond to any judgment or order it may render and enter in the case.

2. Where defendant, during pendency of his appeal to this court, committed offenses against United States Government for which he was sentenced to confinement in Federal Penitentiary in Kansas, and proof in support of motion to dismiss appeal shows that at present time defendant is incarcerated in such federal penitenitary and unable to respond to any judgment which Criminal Court of Appeals may render, his appeal will be dismissed.

Meacham Meacham & Meacham, of Clinton, for plaintiff in error.

Mac Q Williamson, Atty. Gen., and Owen J. Watts, Asst. Atty. Gen for defendant in error.

JONES Presiding Judge.

The defendant, Eddie Duggins, was convicted in the District Court of Custer County of the crime of riot and was sentenced to serve ten years in the Oklahoma State Penitentiary.

From the judgment rendered against the defendant an appeal was perfected by filing in this court on August 6, 1945, a petition in error with case made attached.

The Attorney General has filed a motion to dismiss the appeal for the reason that after the appeal was filed herein the defendant was charged by indictment filed in the United States District Court for the Western District of Oklahoma with having committed certain acts which were in violation of the laws of the United States, which said acts were alleged to have been committed on or about March 5, 1946; that the defendant was charged by indictment in case number 15118 with breaking and entering into a United States post office and forgery of government obligations, and was charged by indictment in case number 15120 with breaking into and enterning a post office; that on the 26th day of April, 1946, the defendant, Eddie Duggins, entered a plea of guilty to each of said indictments and was sentenced by the court to serve five years in the United States Penitentiary at Fort Leavenworth, Kansas, in each case, said sentences to run concurrently. A certified copy of the indictment and judgment and sentence in each of said cases is attached to the motion to dismiss.

The motion further alleged that the defendant is now incarcerated in the Federal Penitentiary at Leavenworth, Kansas, and is unable to respond to any judgment or order of this court, and that for said reason his appeal should be dismissed.

Said motion...