UNITED STATES OF AMERICA,
v.
JAMES RICHARD SIKES ET AL., DEFENDANTS-APPELLANTS
UNITED STATES OF AMERICA,
JAMES RICHARD SIKES ET AL., DEFENDANTS-APPELLANTS
456 F.2d 1290
Court of Appeals for the Fifth Circuit (1972)
Positive Treatment
Cited by 4 cases
Opinion of the Court
BY THE COURT:
It has been made known to the Court as a fact, supported by the official death certificate of the State of Texas, that appellant Joseph Earl Mashburn in the above-styled and numbered appeal died in Brownwood, Texas, on February 14, 1972. Since a criminal prosecution abates ab initio upon the death of an appellant, the case must be remanded with directions to the district court to vacate the judgment and dismiss the indictment as to appellant Mashburn. Durham v. United States, 1971, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200; United States v. Askew, 5 Cir. 1971, 441 F. 2d 258.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
United States v. Pauline, 625 F.2d 684 (5th Cir. 1980)
-
Hamrick v. Louie L. Wainwright, 465 F.2d 940 (5th Cir. 1972)
-
United States v. Sikes, 463 F.2d 540 (5th Cir. 1972)
Authorities Cited
- Durham v. United States, 401 U.S. 481 (U.S. 1971)
- United States v. Askew, 441 F.2d 258 (5th Cir. 1971)