Shipley v State

Shipley v State
1920 OK CR 87
189 P. 197
17 Okl.Cr. 687
Decided: 04/28/1920
Oklahoma Court of Criminal Appeals

(Syllabus.)

APPEAL AND ERROR Abatement of Prosecution Death of Defendant.

Appeal from County Court, Rogers County; Edward Jordan, Judge.

W.E. Shipley was convicted of violating the prohibition laws, and he appeals. Remanded, with directions to abate.

H. Jennings, W.M. Hall, and H. Tom Knight, for plaintiff in error.

S.P. Freeling, Atty. Gen., for the State.

PER CURIAM. The plaintiff in error, W.E. Shipley, was convicted on an information charging the unlawful conveyance of 108 quarts of whisky from one certain point to another in Rogers county, and was sentenced to be confined in the county jail for 60 days and pay a fine of $100 and the costs. From the judgment an appeal by case-made was perfected by filing in this court August 31, 1918, petition in error with case-made.

Since the appeal was taken, and before the final submission of the cause, suggestion of the death of the plaintiff in error has been made, and his counsel of record have

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for this reason filed a motion to abate, and stating that plaintiff in error died on the 22nd day of December, 1919, near Claremore, Okla.