Jeffreys v State

Jeffreys v State
1915 OK CR 26
146 P. 1086
11 Okl.Cr. 411
Case Number: No. A-2225
Decided: 03/20/1915
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Abatement Death.

Appeal from District Court, Garvin County; R. McMillan, Judge.

Alex Jeffries, convicted of manslaughter in the first degree, appeals. Order that proceedings abate.

Wayne H. Lasater and B.W. Patterson, for plaintiff in error.

S.P. Freeling, Atty. Gen., and R. McMillan, Asst. Atty. Gen., for the State.

DOYLE, P.J. Plaintiff in error was convicted of manslaughter in the first degree, and his punishment assessed at fifteen years in the penitentiary. On the 8th day of September, 1913, he was duly sentenced, and was placed in the penitentiary to undergo said punishment. This is the second appeal in this case. See Jeffries v. State, 9 Okla. Cr. 573, 132 P. 823.

Since the appeal was taken, and before the final submission of the cause, suggestion of the death of plaintiff in error has been made, and the same called to the attention of the court by the Attorney General.

In a criminal action, the purpose of the proceedings being to punish the defendant in person, the action must necessarily abate upon his death. Yota v. State, 10 Okla. Cr. 26, 133 P. 257; High v. State, post, 146 P. 1197.

Page 412