Smith v State

Smith v State
1913 OK CR 25
129 P. 445
8 Okl.Cr. 575
Case Number: No. A-763
Decided: 01/25/1913
Oklahoma Court of Criminal Appeals

(Syllabus by the Court.)

PARTIES Death Abatement of Cause.

Appeal from Superior Court, Pittsburg County; P.D. Brewer, Judge.

Myrtle Smith was convicted of manslaughter, and appeals. Cause abated.

J.H. Wilkins

Smith C. Matson

FURMAN, J. Appellant was convicted in the superior court of Pittsburg county for the crime of manslaughter, and prosecuted an appeal. Pending a consideration of the appeal, application was made to this court to release appellant upon her own recognizance, on account of the physical condition of appellant,

Page 576

which application was granted. See Myrtle Smith v. State, 6 Okla. Cr. 364, 118 P. 676. It has been made to appear to this court that shortly after her release from prison appellant died.