UNITED STATES
v.
MOOK ET AL.
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An appeal in a criminal case is dismissed if the defendant dies while the appeal is pending.
Mook was convicted and appealed, but died during the appeal. Fleming was convicted, had his sentence suspended, and appealed.…
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PER CURIAM.
Mook was convicted of violating the Interstate Commerce Act, 49 U.S.C.A. § 1 et seq., and. appealed. Thereafter he died; and his administratrix now seeks to revive the appeal. The authorities give us no alternative but to dismiss the appeal. 1 Nevertheless, we think it may not be amiss to say that it seems to us that the next-of-kin of a convicted person who dies pending an appeal have an interest in clearing his good name, which Congress might well believe would justify a change in the law.
The appellant, Fleming, was convicted at the same time, but in his case sentence was suspended and he was put on probation for one day. His appeal also must be dismissed. 2 In United States v. La Shagway, 9 Cir., 95 F. 2d 200, the appellant had been sentenced, but execution was suspended; therefore an appeal lay under Berman v. U. S., 302 U.S. 211, 58 S.Ct. 164, 82 L.Ed. 204. If Fleming wishes-to review the judgment at bar, it is always possible for him to apply for sentence and suspension of execution.
Appeals dismissed.
United States v. Pomeroy, C.C., 152 F. 279; United States v. Dunne, 9 Cir., 173 F. 254, 19 Ann.Cas. 1145; Dyar v. United States, 5 Cir., 186 F. 614, 623; United States v. Theurer, 5 Cir., 213 F. 964, 967; Pino v. United States, 7 Cir., 278 F. 479; Rossi v. United States, 8 Cir., 21 F. 2d 747.
United States v. Lecato, 2 Cir., 29 F. 2d 694; United States v. Levinson, 2 Cir., 54 F. 2d 363; United States v. Knickerbocker Fur Coat Co., 2 Cir., 66 F. 2d 388; Birnbaum v. United States, 4 Cir., 107 F. 2d 885, 126 A.L.R. 1207; United States v. Albers, 2 Cir., 115 F. 2d 833.
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Citator
Cited By
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Audi Vision Inc. v. RCA MFG. Co., Inc., 136 F.2d 621 (2d Cir. 1943)
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Zalkind v. Scheinman, 139 F.2d 895 (2d Cir. 1943)
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Daniel v. United States, 268 F.2d 849 (5th Cir. 1959)
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Berman v. United States, 302 U.S. 211 (U.S. 1937)
- United States v. Lecato, 29 F.2d 694 (2d Cir. 1928)
- United States v. Knickerbocker FUR Coat Co., Inc., 66 F.2d 388 (2d Cir. 1933)
- United States v. Levinson, 54 F.2d 363 (2d Cir. 1931)
- Birnbaum v. United States, 107 F.2d 885 (4th Cir. 1939)
- United States v. La Shagway, 95 F.2d 200 (9th Cir. 1938)
- United States v. Albers, 115 F.2d 833 (2d Cir. 1940)
- Squier v. Am. Tel. & Tel. Co. (S.D.N.Y. 1924)
- Rossi v. United States (two cases), 21 F.2d 747 (8th Cir. 1927)