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Smith v. State

Myrtle Smith v. State.

Smith v. State, 1913 OK CR 25, 129 P. 445
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Court
Court of Criminal Appeals of Oklahoma · State Appellate Courts
Decided
January 25, 1913
Docket
No. A-763.
Judges
Eurman, Armstrong, Doyle
Citations
129 P. 4451913 OK CR 258 Okla. Crim. 5751913 Okla. Crim. App. LEXIS 35
Disposition
Cause abated.
Syllabus
PARTIES — Death—Abatement of Cause. Where it is made to appear ■to the court that an appellant has died pending an appeal, the cause will be abated. (Syllabus by the Court.)
Summary
Appeal from Superior Court, Pittsburg County; P. D. Brewer, Judge. Myrtle Smith was convicted of manslaughter, and appeals.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Eurman

EURMAN, 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 oLappel- *576 lant, which application was granted. See Myrtle Smith v. State, 6 Okla. Cr. 364 , 118 Pac. 676 . It has been made to appear to this court that shortly after her release from prison appellant died.

It is therefore ordered that the prosecution in this case be abated, and the cause stricken from the docket.

ARMSTRONG, P. J., and DOYLE, J., concur.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

1986: 22020: 119862026peak 1986 · 2

Relies on it most ⓘ

  1. Plotner v. State1986 OK CR 97, 721 P.2d 810
  2. Spurlock v. State1986 OK CR 43, 720 P.2d 731
  3. Lorance v. CommandantNo. 5:19-cv-03232 (D. Kan. Jan. 24, 2020)

Most recent

  1. Lorance v. CommandantNo. 5:19-cv-03232 (D. Kan. Jan. 24, 2020)
  2. Plotner v. State1986 OK CR 97, 721 P.2d 810
  3. Spurlock v. State1986 OK CR 43, 720 P.2d 731

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 1

DepthCaseCited by
Smith v. State, 1911 OK CR 310, 118 P. 676 1

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