# McClintoc v. State

> Court of Criminal Appeals of Oklahoma · October 6, 1923 · 24 Okla. Crim. 442

URL: https://www.frixlaw.com/law-library/cases/3805271

## Case

- **Full name:** Frank McClintoc v. State.
- **Court:** Court of Criminal Appeals of Oklahoma
- **Decided:** October 6, 1923
- **Citations:** 24 Okla. Crim. 442; 218 P. 715; 1923 OK CR 274; 1923 Okla. Crim. App. LEXIS 355
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Doyle
- **Judges:** Doyle, Matson, Bessey
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3805271

## Opinion text

DOYLE, J.
Plaintiff in error, Frank McClintoc, was convicted in the district court of Pontotoc county of manslaughter in'the first degree and his punishment fixed at imprisonment in the penitentiary for the term of 25 years, upon an information charging him with the murder of one John Martin,
*443
in said eounty on or about the 2d day of May, 1921. From this judgment rendered on the verdict an appeal was perfected by filing in this court on April 12, 1922, a petition in error: with case-made.
The Attorney General has filed a motion to dismiss the appeal on the ground that the plaintiff in error on the 27th day of August, 1923, was granted a parole by the. Governor of the state, and that said plaintiff in error: did sign and accept the same.
By numerous decisions of this court it is held that when an appeal from a judgment of conviction is pending in this court and the plaintiff in error applies for a parole, and the same is granted and accepted by the plaintiff in error, and the fact that a parole has been granted and accepted is brought to the attention of this court, the appeal will, be dismissed as having been abandoned. Ernst v. State, 17 Okla. Cr. 282 , 187 Pac. 930 ; Brown v. State, 16 Okla. Cr. 505 , 184 Pac. 912 ; Alexander v. State, 12 Okla. Cr. 200 , 153 Pac. 619 .
The appeal herein is therefore dismissed, and the. cause remanded to the trial court.
MATSON, P. J., and BESSEY, J., concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3805271. Public record. Not legal advice.