Scott v State

Scott v State
1929 OK CR 103
275 P. 408
42 Okl.Cr. 287
Decided: 03/22/1929
Oklahoma Court of Criminal Appeals

(Syllabus.)

Appeal and Error Case Abated on Death of Defendant Pending Appeal.

Appeal from County Court, Comanche County; John Manning, Judge.

N.C. Scott was convicted of violating the liquor law, and he appeals. Abated, with directions.

P.G. Fullerton, for plaintiff in error.

Edwin Dabney, Atty. Gen., for the State.

EDWARDS, P.J. The plaintiff in error, hereinafter called defendant, was convicted in the county court of Comanche county of the violation of the liquor law, and his punishment fixed at confinement in the county jail for a period of 30 days and a fine of $200.

From the judgment of conviction the defendant appealed to this court. The appeal was perfected on August 15, 1927, by filing in this court his petition in error with case-made attached. Since the appeal was taken, and before final submission of the cause, said defendant departed this life, as shown by statement of the attorney of record for defendant. In a criminal prosecution, the purpose of the proceeding being to

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