Opinion
No. A-7106.
Opinion Filed July 20, 1929.
Appeal from District Court, Creek County; Thos. S. Harris, Judge.
J.A. Geddens, Carl L. Boswell, W.E. McDowell, J.W. Akin, W.O. Hampton, J.V. Holcomb, J.R. Alden, and Oliver H. Akin were indicted for a felony. Motion to quash indictment was sustained by the court. The State appeals. Case abated as to defendant Oliver H. Akin; reversed and remanded, with directions, as to the other defendants.
W.F. Pardoe, Co. Atty., and E.B. Hughes, Special Counsel, for the State.
Wallace Wallace, R.K. Robertson, and Johnson Jones, for defendants in error.
The facts in this case are similar to those set out in No. A-7105. State v. Hudson, 44 Okla. Cr. 1, 279 P. 921, just decided. The case is abated as to Oliver H. Akin, deceased, and reversed and remanded as to the other defendants with instructions to the trial court to set aside its order sustaining the motion to quash, and for further proceedings in conformity to this opinion.