Cobb v State

Cobb v State
1927 OK CR 174
257 P. 1111
37 Okl.Cr. 289
Decided: 07/12/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Abatement of Prosecution Death of Defendant.

Appeal from District Court, Okmulgee County; James Hepburn, Judge.

Thomas Cobb was convicted of grand larceny, and he appeals. Remanded, with direction to abate.

Virgil E. Riddle, for plaintiff in error.

The Attorney General and J.H. Lawson, Asst. Atty. Gen., for the State.

DOYLE, P.J. Plaintiff in error, Thomas Cobb, was tried and convicted on an information charging grand larceny and his punishment fixed at imprisonment for one year and one day in the penitentiary. From the judgment rendered on the verdict an appeal by case-made was perfected by filing in this court on April 21, 1926, a petition in

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error with case-made. On May 24, 1927, the cause was submitted on briefs.

Since the final submission, suggestion of the death of plaintiff in error has been made, and his counsel of record for this reason filed a motion to abate, stating that plaintiff in error died on June 20, 1927.