Raymond v. State
| Decision Date | 26 April 1965 |
| Docket Number | No. 30526,30526 |
| Citation | 206 N.E.2d 139,246 Ind. 422 |
| Parties | Richard Homer RAYMOND, Appellant, v. STATE of Indlana, Appellee. |
| Court | Indiana Supreme Court |
John G. Bunner, Evansville, for appellant.
Edwin K. Steers, Atty. Gen., Frederick J. Graf and David Wedding, Deputy Attys. Gen., for appellee.
The appellant was convicted in the Vanderburgh Circuit Court of the offense of entering a house to commit a felony. The transcript of the record and appellant's assignment of errors were filed with the clerk of this court on January 27, 1964, and said cause has been fully briefed and argued.
It now appears by a verified statement of John G. Bunner, attorney for the appellant, which statement is supported by a death certificate of the City-County Department of Health of Vanderburgh County, Indiana, that the appellant died on the 16th day of January, 1965.
As a result of the death of appellant herein this cause has become moot for the following reasons: (1) In event the judgment of the trial court were sustained the judgment would be impossible of execution, and (2) in event of reversal of said judgment the within named party would not be available for trial. Neville v. State (1962), 243 Ind. 28, 181 N.E.2d 638; Strack v. State (1930), 202 Ind. 272, 173 N.E. 323; Blackwell v. State (1916), 185 Ind. 227, 113 N.E.723; Harris v. State (1914), 181 Ind. 503, 104 N.E. 969; Gibson v. State (1912), 178 Ind. 315, 99 N.E. 424.
Appeal dismissed.
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State v. Morris
...would be unavailable. State v. Carter, 299 A.2d 891 (Me.1973); Hartwell v. State, 423 P.2d 282 (Alaska 1967); Raymond v. State, 246 Ind. 422, 206 N.E.2d 139 (1965); Bagley v. Florida, 122 So.2d 789 (Fla.App. 1960); State v. Kriechbaum, 219 Iowa 457, 258 N.W. 110 (1934). Nevertheless, the su......
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State v. Blake
...if the conviction were upheld, and since the state could not obtain a retrial if the case were reversed. See, also, Raymond v. State (1965), 246 Ind. 422, 206 N.E.2d 139. The application of the mootness doctrine to the direct appeal while permitting the lower court decision to stand is cont......
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Whitehouse v. State
...as moot. Blackwell v. State, (1916) 185 Ind. 227, 113 N.E. 723; Neville v. State, (1962) 243 Ind. 28, 181 N.E.2d 638; Raymond v. State, (1965) 246 Ind. 422, 206 N.E.2d 139; Rogers v. State, (1973) 156 Ind.App. 180, 295 N.E.2d 840. It is the position of counsel for the appellant that such ac......
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State v. Carter
...human being is a prerequisite,-a condition compliance with which the death of the defendant makes impossible. See: Raymond v. State, 246 Ind. 422, 206 N.E.2d 139 (1965). Third, such interests are, however, deemed of sufficient legal significance to require that a judgment of conviction, in ......