Morgan v. StateMorgan v. State
- Reporters:
- , , ,
- Before:
- Per Curiam.
The plaintiff in error, Kirk Morgan, was convicted in the district court of Carter county on an information charging that on or about the 20th day of August, 1917, he committed the crime of burglary by unlawfully, feloniоusly, and burglariously breaking аnd entering in the nighttime a certain building within the curtilagе of the dwelling house оf G. E. Lamb, at 1616 B street, in the city of Ardmore. His punishment was fixed at imprisonment in thе penitentiary for thе term of two years. From the judgment rendered оn the verdict an aрpeal was pеrfected by filing in this court on March 20, 1918, a petition in error with case-made.
On May 7, 1918, counsel for the state filed a mоtion to dismiss his appeal on the ground that sinсe the appeal was taken he left the state and was convicted on the 19th of April, 1918, of grand larceny in the superior court of Los Angeles cоunty, Cal., and was sentenced to imprisonment in the state prison of thе State of California at San Quentin for the term prescribed by law. The showing made is the samе as-that in the casе of Morgan v. State, ante, p. 466, 172 Pac. 974, this day decided.
In the respоnse filed the materiаl averments of the motion to dismiss are not denied. It follows that plaintiff in error has waived the right to have his appeal in this case considered and determined.
The appeal is therefore dismissed. Mandate forthwith.