Court of Criminal Appeals of Oklahoma, 1911

Smallwood v. State

Smallwood v. State
Court of Criminal Appeals of Oklahoma · Decided September 5, 1911 · PER CURIAM.
117 P. 652; 6 Okla. Crim. 615; 1911 OK CR 370; 1911 Okla. Crim. App. LEXIS 336

Smallwood v. State

Opinion of the Court

PER CURIAM.

Plaintiff in error was convicted of the ' crime of forgery and was sentenced'to serve a term of six months .imprisonment in the state penitentiary. An appeal was taken by filing in this court on May 23rd, 1910, a pétition in error with ease-made. A motion to dismiss the appeal herein for the reason that a parole has been granted and that the conditions thereof were accepted ,and consented to by plaintiff in error has been filed. When a parole is granted and accepted and this fact is brought to the attention of this court pending the appeal the appeal will be dismissed. Gilmore v. State, 3 Okla. Cr. 639, 108 Pac. 416. The motion to dismiss is sustained and said appeal is hereby dismissed and the canse remanded to the district court of Pittsburg county.

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