Hays v State

Hays v State
1915 OK CR 25
146 P. 1085
11 Okl.Cr. 410
Case Number: No. A-2213
Decided: 03/20/1915
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Abandonment Dismissal.

Appeal from District Court, Haskell County; W.H. Brown, Judge.

Sam Hays, convicted of the larceny of domestic animals, appeals. Affirmed.

Clark & Foster, for plaintiff in error.

R. McMillan, Asst. Atty. Gen., for the State.

DOYLE, P.J. Plaintiff in error and Charley Arthur were jointly charged by information with the larceny of eleven hogs, the personal property of one R.N. Robersan. A severance was granted, and, upon his separate trial, the plaintiff in error was convicted and his punishment fixed at a term of two years in the penitentiary. On the 19th day of September, 1913, judgment was rendered in accordance with the verdict. An appeal was perfected by filing in this court on March 16, 1914, a petition in error with case-made. No briefs have been filed and no appearance made for plaintiff in error when the case was called for final submission. The Attorney General has filed a motion to affirm for failure to prosecute the appeal.