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Hayes v. State

Tom Hayes v. State.

Hayes v. State, 1931 OK CR 115, 296 P. 988
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
March 14, 1931
Docket
No. A-7921.
Judges
Edwards, Davenport, Chappell
Citations
296 P. 9881931 OK CR 11550 Okla. Crim. 1781931 Okla. Crim. App. LEXIS 94

Opinion of the Court — Edwards

EDWARDS, J.

The plaintiff in error, hereinafter called defendant, was convicted in the district court of Osage county of manslaughter in the first degree, and was «sentenced to- serve- a term of 10 years in the state penitentiary.

A motion to dismiss the appeal has been filed, setting out that subsequent to the judgment in this case defendant pleaded guilty in the United States District Court for the Northern District of Oklahoma on a charge of transporting whisky, and was sentenced by that court to serve a term of three years in the federal penitentiary at Leavenworth, Kan., and that he is now incarcerated in said penitentiary. The motion is supported by affidavits and copies of the federal records.

It has been many times held by this court that, where a defendant has been convicted and sentenced and perfects an appeal, this court will not consider the appeal unless defendant is where he can be made to respond to any judgment or order which may be rendered in the case.

It being undisputed that defendant is confined in a federal penitentiary beyond the jurisdiction of this court and where he could not be made to respond to any judgment or order, the appeal is dismissed.

DAVENPORT, P. J., and CHAPPELL, J., concur.

How later courts describe this case

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

1932: 11942: 11946: 219322026peak 1946 · 2

Relies on it most ⓘ

  1. Duggins v. State1946 OK CR 62, 170 P.2d 266
  2. Savage v. State1946 OK CR 105, 174 P.2d 272
  3. Price v. State1942 OK CR 111, 128 P.2d 1021
  4. Benefield v. State1932 OK CR 102, 11 P.2d 767

Most recent

  1. Savage v. State1946 OK CR 105, 174 P.2d 272
  2. Duggins v. State1946 OK CR 62, 170 P.2d 266
  3. Price v. State1942 OK CR 111, 128 P.2d 1021
  4. Benefield v. State1932 OK CR 102, 11 P.2d 767

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.

Authorities cited 0

No citations to other opinions in this database were found.

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