Carson v State

Carson v State
1916 OK CR 69
158 P. 639
12 Okl.Cr. 461
Case Number: No. A-2621
Decided: 07/18/1916
Oklahoma Court of Criminal Appeals

ABATEMENT Grounds Death of Party.

Appeal from the County Court of Nowata County; F.A. Calvert, Judge

Tom Carson, convicted of a misdemeanor, appeals.

Glass & Weaver, for plaintiff in error.

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

DOYLE, P.J. Plaintiff in error, Tom Carson, was convicted in the county court of Nowata county of a misdemeanor. From the judgment rendered on the verdict of the jury an appeal was perfected by filing in this court on January 3, 1916, a petition in error with case-made.

Since the appeal was taken, and before the final submission of the cause, to-wit, May 31, 1916, he departed this life as shown by the affidavits of C.W. Mason, County Attorney of Nowata county, and Dr. G.A. Waters, who depose and say that plaintiff in error, Tom Carson, died at Lenapah, in said county, as the result of a gunshot wound. These affidavits are attached to and made a part of the suggestion of the death of the plaintiff in error by the Attorney General and filed in this court on this 18th day of July, 1915.