Clark v State

Clark v State
1925 OK CR 251
235 P. 1114
30 Okl.Cr. 285
Decided: 05/07/1925
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Dismissal Acceptance of Parole by Accused Pending Appeal.

Appeal from County Court, Kiowa County; J.S. Carpenter, Judge.

Joe Clark and Jack Brown were convicted of transporting intoxicating liquor, and they appeal. Appeal dismissed.

Rummons & Hughes, for plaintiffs in error.

George F. Short, Atty. Gen., and Charles Hill Johns, Asst. Atty. Gen., for the State.

PER CURIAM. The plaintiffs in error, Joe Clark and Jack Brown, were convicted on a charge of transporting intoxicating liquor, and in accordance with the verdict of the jury they were on October 20, 1923, each sentenced to pay a fine of $100 and to be confined in jail for 30 days. From the judgment they appealed by filing in this court on February 18, 1924, a petition in error, with case-made. The Attorney General has filed a motion to dismiss the appeal on the ground that on or about April 13, 1925, said plaintiffs in error were granted paroles by Governor M.E. Trapp, and that each of said plaintiffs in error have accepted said paroles; a copy of said paroles and the acceptance thereof being attached to the motion.

Where plaintiff in error accepts a parole pending the determination of his appeal, he thereby waives the right

Page 286