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Stout v. State

W.H. Stout v. State.

Stout v. State, 1927 OK CR 234, 258 P. 1054
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
August 20, 1927
Docket
No. A-6566.
Judges
Doyle, Edwards, Davenport
Citations
258 P. 10541927 OK CR 23438 Okla. Crim. 301927 Okla. Crim. App. LEXIS 235

Opinion of the Court — Doyle

DOYLE, P. J.

The appellant was tried upon an information charging that in Jackson county, August 19, 1926, he did shoot at and attempted to shoot one J.

W.

Reynolds, with intent to kill. The trial resulted in a verdict fiñding him guilty of assault with a dangerous weapon with intent to do bodily harm, and fixing his punishment at confinement in the county jail for 90 days. From the judgment rendered in accordance with the verdict an appeal was duly perfected.

While his appeal was pending and awaiting decision before this court, the Attorney General filed a motion to dismiss for the reason that on the application of appellant a full and unconditional pardon was granted by H,on. Henry S’. Johnston, Governor, on August 2, 1927. The uniform holding of this court is that, when a pardon is granted by the Governor and accepted by the appellant, and this fact is called to the attention of the court pending the determination of the appeal, the appeal will be dismissed.

It follows that the motion to dismiss the appeal will be sustained. It is therefore considered, ordered, and adjudged that the appeal herein be dismissed, and the cause remanded to the district court of Jackson county.

EDWARDS and DAVENPORT, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1940: 11941: 119402026peak 1940 · 1

Relies on it most ⓘ

  1. Nicholson v. State1940 OK CR 41, 100 P.2d 896
  2. State v. Jacobson152 S.W.2d 1061 (Mo. 1941)

Most recent

  1. State v. Jacobson152 S.W.2d 1061 (Mo. 1941)
  2. Nicholson v. State1940 OK CR 41, 100 P.2d 896

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

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