Powell v State

Powell v State
1927 OK CR 339
260 P. 786
38 Okl.Cr. 311
Decided: 11/05/1927
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Abatement of Cause upon Death of Appellant.

Appeal from District Court, Rogers County; C.H. Baskin, Judge.

Ooche Powell was convicted of manslaughter in the first degree, and he appeals. Cause abated.

D.M. Battenfield, W.M. Hall, H. Jennings, and Mack R. Shanks, for plaintiff in error.

Edwin Dabney, Atty. Gen., Smith C. Matson, Asst. Atty. Gen., and N.B. Johnson, County Atty., for the State.

PER CURIAM. The plaintiff in error, Ooche Powell, was convicted of manslaughter in the first degree, and his punishment assessed at imprisonment in the penitentiary for a term of 4 years, upon an information charging that in Rogers county, on the 19th day of April, 1923, he did kill and murder one James P. Haggerty, by shooting him with a pistol. From the judgment rendered in pursuance of the verdict February 5, 1926, an appeal was perfected by filing in this court on July 28, 1926, a petition in error with case-made.

Since the appeal was taken and after the final submission of the cause at this term of court, the plaintiff in error departed this life, as shown by the statement of N.B. Johnson, county attorney of Rogers county, having been killed in an automobile accident.

In a criminal prosecution the purpose of the proceedings

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