Payne v. State

The defendant, Carl Payne, was charged in the district court of Sequoyah county with the crime of grand larceny, was tried, convicted and sentenced to serve three years in the State Penitentiary.

An appeal from this judgment was filed in this court on October 26, 1943. On April 19, 1944, the Attorney General filed a motion in this court to dismiss the appeal in which he alleged that the plaintiff in error, subsequent to the filing of the appeal in this court, was charged by preliminary complaint in Sequoyah county with the crime of burglary in the second degree; that after the filing of said…