UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
HARRY LEE HUDSON, DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
HARRY LEE HUDSON, DEFENDANT-APPELLANT
460 F.2d 321
Court of Appeals for the Fifth Circuit (1972)
Cited by 3 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 Georgia, that Appellant, Harry Lee Hudson, in the above styled and numbered appeal died in Atlanta, Georgia on April 8, 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. 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)
-
Sec. Indus. Ins. Co. v. United States, 702 F.2d 1234 (5th Cir. 1983)
-
United States v. Jones, 498 F.2d 673 (5th Cir. 1974)
Authorities Cited
- Durham v. United States, 401 U.S. 481 (U.S. 1971)
- United States v. Askew, 441 F.2d 258 (5th Cir. 1971)