Addington v State

Addington v State
1933 OK CR 22
19 P.2d 976
54 Okl.Cr. 304
Decided: 03/03/1933
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Action Abated Upon Death of Defendant.

Appeal from District Court, Jefferson County; Eugene Rice, Judge.

Leon Addington was convicted of robbery with firearms, and he appeals. Proceedings abated, and cause remanded, with directions.

J.H. Long, for plaintiff in error.

Page 305

J. Berry King, Atty. Gen., Smith C. Matson, Asst. Atty. Gen., and Earl Pruitt, Co. Atty., for the State.

EDWARDS, P.J. The plaintiff in error, hereinafter called defendant, was convicted in the district court of Jefferson county of robbery with firearms, and his punishment fixed at imprisonment in the state penitentiary for a term of 30 years.

Pending the determination of said appeal, plaintiff in error was enlarged on an appeal bond at $15,000, and on the 11th of January, 1933, he participated in the attempted robbery of a bank at Carmine, Tex., and in such attempt was killed. The state admits the death, but has moved for a dismissal of the appeal and forfeiture of the bail bond for the reason that the terms of the bond were violated prior to the death of defendant.