Nott v. State

H. W. Nott was charged in the court of common pleas of Oklahoma county with the offense of unlawful possession of intoxicating liquor, found guilty by a jury, and sentenced to serve thirty (30) days in the county jail, and pay a fine of fifty (50) dollars. From such judgment and sentence an appeal was duly filed in this court.

The county attorney of Oklahoma county has filed a motion to abate in which he alleges that on August 23, 1949, the plaintiff in error died of gunshot wounds.

In a criminal prosecution, the purpose of proceedings being to punish the accused, the action must necessarily…