Morgan v. State, 7 Div. 686
| Decision Date | 19 May 1942 |
| Docket Number | 7 Div. 686,689. |
| Citation | 9 So.2d 33,30 Ala.App. 510 |
| Parties | MORGAN v. STATE. |
| Court | Alabama Court of Appeals |
Appeal from Circuit Court, Cleburne County; R.B. Carr, Judge.
Thos. S. Lawson, Atty. Gen., for the State.
From the two certificates of appeal in these cases, it appears that this appellant (defendant below) was tried and convicted in said two cases, for the offenses of making, manufacturing or distilling, etc., prohibited liquors. Both trials were heard and determined in the court below on February 4, 1942, and judgment of conviction was pronounced and entered in each case on that day. In case No. 686, the defendant was sentenced to the penitentiary for a period of three years. In case No. 689, his term of punishment was fixed at two years' imprisonment in the penitentiary. From these two judgments of conviction appeals were taken to this court.
Now, upon this, the 18th day of May, 1942, this court is in receipt of notice of the death of said appellant. To this end the Clerk of the lower court submits, under seal of his office, a certificate in words and figures as follows:
Upon the strength of and in pursuance to the foregoing notification, it is hereby ordered and adjudged that the two appeals, supra, are both abated because of the death of appellant.
Appeals abated.
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