Butler v State

Butler v State
1911 OK CR 9
112 P. 758
4 Okl.Cr. 637
Case Number: No. A-402
Decided: 01/09/1911
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Abandonment Application for Pardon.

Appeal from District Court, Choctaw County; D.A. Richardson, Judge.

The defendant was convicted of the crime of murder, and was sentenced to imprisonment in the penitentiary for the period of his natural life, and he appeals. Appeal dismissed.

FURMAN, PRESIDING JUDGE. It has been made known to this court that appellant has applied to the Governor of the state for a pardon, commutation, or parole. Such action upon the part of appellant amounts to an abandonment of the appeal. An appellant cannot invoke the judgment of this court upon the merits of his appeal, and while such appeal is pending apply to the Governor of the state for a pardon, commutation, or parole; such action is simply trifling with this court and will not be permitted. It having been made known to us that the appellant in this case has applied to the Governor of the state for a pardon, commutation, or parole, the appeal is dismissed.