Cowley v State

Cowley v State
1915 OK CR 57
149 P. 924
11 Okl.Cr. 561
Case Number: No. A-2342
Decided: 06/19/1915
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

APPEAL Parole Dismissal.

Page 562

Frank Cowley, convicted of assault with a dangerous weapon, appeals. Appeal dismissed.

D.H. Henry, for plaintiff in error.

S.P. Freeling, Atty. Gen., and John B. Harrison, Asst. Atty. Gen., for the State.

DOYLE, P.J. The plaintiff in error, Frank Cowley, was jointly charged with one Robert Malone with assault with a deadly weapon with intent to kill one Henry Carver. A severance was granted and the plaintiff in error on his separate trial was found guilty of an assault committed with a dangerous weapon with intent to do bodily harm, and without justifiable or excusable cause. On the 17th day of August, 1914, the court rendered judgment and sentenced the plaintiff in error to be imprisoned at the state reformatory at Granite for a period of two years. To reverse this judgment an appeal was perfected by filing in this court on September 30, 1914, a petition in error with case-made.

Pending the determination of said appeal, on September 30, 1914, the Lieutenant Governor, as acting Governor, in the absence from the state of the Governor, granted the plaintiff in error a parole on the sole condition "that he shall at all times obey the laws of the state of Oklahoma in every respect, and in the event he should violate any law of the state then this parole may be revoked."

The Attorney General concedes that the parole is in all respects valid.