STATE v. SMITH.

STATE v. SMITH.
1931 OK 562
3 P.2d 178
151 Okla. 183
Case Number: 20412
Decided: 09/22/1931
Supreme Court of Oklahoma

STATE
v.
SMITH.

Syllabus

¶0 Abatement and Revival--Death of Officer During Pendency of Proceedings for Removal.
Where a public official is charged by accusation of a grand jury seeking his removal from office, and during the pendency of said cause defendant dies, said cause will be dismissed.

Appeal from District Court, Caddo County; T. G. Chambers, Assigned Judge.

Proceedings by the State to remove W. E. Smith, County Commissioner, from office. Motion to quash accusation sustained, and the State appeals. Upon death of defendant in error, cause dismissed.

Ted Morgan, Co. Atty. (A. J. Morris, of counsel), for plaintiff in error.
Melton & Melton and Pruitt & Wamsley, for defendant in error.

CULLISON, J.

¶1 This is an appeal from the order of the district court of Caddo county sustaining a motion to quash the accusation against defendant. Defendant was a member of the board of county commissioners of Caddo county Okla., and as such the grand jury returned an accusation against him seeking his removal from office, to which accusation defendant's motion to quash was sustained.

¶2 Since the appeal has been lodged in this court, the defendant has died.

¶3 The only purpose to be accomplished in said cause would be the removal of defendant from office.