Simmons v State

Simmons v State
1927 OK CR 73
253 P. 1032
36 Okl.Cr. 269
Decided: 03/12/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Abatement of Prosecution Prosecution Abates on Death of Defendant.

Appeal from County Court, McCurtain County; T.G. Carr, Judge.

Luther Simmons was convicted of the unlawful possession of intoxicating liquors, and he appeals. Remanded, with direction to abate.

McLendon & McLendon and Wm. A. Tidwell, for plaintiff in error.

Edwin Dabney, Atty. Gen., for the State.

DOYLE, P.J. Appellant, Luther Simmons, was convicted on a charge of unlawful possession of intoxicating liquors, and, in pursuance of the verdict, was sentenced to pay a fine of $100, and be imprisoned in the county jail for 30 days. From the judgment an appeal was

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duly perfected. Pending the determination of said appeal, suggestion of the death of appellant has been made by his counsel of record.

In a criminal action, the purpose of the proceedings being to punish the defendant in person, the action must necessarily abate upon his death.