Nott v. State, A-11127
| Decision Date | 10 May 1950 |
| Docket Number | No. A-11127,A-11127 |
| Citation | 218 P.2d 389,91 Okla.Crim. 316 |
| Parties | NOTT v. STATE. |
| Court | United States State Court of Criminal Appeals of Oklahoma. Court of Criminal Appeals of Oklahoma |
Syllabus by the Court.
The purpose of criminal proceedings being to punish accused, cause must abate on his death, and will be abated by appellate court on showing of death of accused pending determination of his appeal from judgment of conviction.
Jack L. Spivey, Oklahoma City, for plaintiff in error.
Mac Q. Williamson, Attorney General, for defendant in error.
H. W. Nott was charged in the Court of Common Pleas of Oklahoma County with the offense of unlawful possession of intoxicating liquor, found guilty by a jury, and sentenced to serve thirty (30) days in the county jail, and pay a fine of fifty (50) dollars. From such judgment and sentence an appeal was duly filed in this Court.
The county attorney of Oklahoma county has filed a motion to abate in which he alleges that on August 23, 1949 the plaintiff in error died of gun shot wounds.
In a criminal prosecution, the purpose of proceedings being to punish the accused, the action must necessarily abate upon his death, and where it is made to appear that the defendant has died pending the determination of the appeal, the cause will be abated.
It is therefore considered, ordered, adjudged and decreed that the proceedings in the above-entitled cause do abate, and the cause is remanded to the trial court with directions to enter appropriate order to that effect.
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