Supreme Court of Oklahoma, 1931

State v. Smith

Supreme Court of Oklahoma · Decided September 22, 1931 · No. 20412 · Cullison, Lester, Clark, Riley, Hefner, Swindall, McNeill, Kornegay, Andrews

3 P.2d 153; 151 Okla. 183; 1931 OK 562; 1931 Okla. LEXIS 592 (Pacific Reporter, Second Series)

Cases that cite this one

11 later published cases cite this decision.

Nichols Ex Rel. Kauk v. Mid-Continent Pipe Line Co. (Okla. 1996)
City of Bethany v. Twin Lakes Gun Club (Okla. 1951)
Haught v. Continental Oil Co. (Okla. 1943)
Oklahoma City v. Eylar (Okla. 1936)
Cosden Oil & Gas Co. v. Moss (Okla. 1936)
Oklahoma City v. McAllister (Okla. 1935)
Oklahoma City v. Hopcus (Okla. 1935)
Oklahoma City v. Tytenicz (Okla. 1935)
Miller v. Price (Okla. 1934)
Wittstruck v. Lee (S.D. 1934)
State v. Scarth (Okla. 1931)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

CULLISON, J.

This is an appeal from the order of the district court of Caddo county sustaining a motion to quash the accusation against defendant. Defendant was a member of the board of county commissioners of Caddo county... Okla., and as such the grand jury returned an accusation against h'im seeking his removal from office, to which accusation defendant’s motion to quash was sustained.

Since the appeal has been lodged in this court, the defendant has died.

The only purpose to be accomplished in said cause would be the removal of defendant from office.

The death of defendant eliminates any necessity of further proceedings in said cause, and the same is hereby dismissed and abated.'

LESTER,- C. J., CLARK, V. C. J., and RILEY, HEFNER, SWINDALL, McNEILL, and KORNEGAY, JJ., concur. ANDREWS, J., absent.

Case-law data current through September 30, 2026. Source: CourtListener bulk data.