State v. Bradley

• Decision Date: 17 September 1940
• Docket Number: 45230.
• Citation: 293 N.W. 858,229 Iowa 92
• Parties: STATE v. BRADLEY.
• Court: Iowa Supreme Court

293 N.W. 858

229 Iowa 92

STATE v. BRADLEY.

No. 45230.

Supreme Court of Iowa.

September 17, 1940

Appeal from District Court, Page County; Whitney Gillilland, Judge.

Defendant-appellant in a criminal case died pending decision upon appeal.

Action abated.

Fred D. Everett, Atty. Gen., Clinton H. Turner, Co. Atty., of Clarinda, and Jens Grothe, Asst. Atty. Gen., for appellee.

Ferguson & Ferguson, of Shenandoah, for appellant.

OLIVER, Justice.

The defendant was tried, convicted and sentenced to a fine and imprisonment for illegal sale of intoxicating liquor. He appealed and apparently stayed execution of the judgment by giving bail. After submission of the appeal, but before decision thereon, defendant died. Such death abated the action, not only as concerns the appeal, but also the entire procedure ab initio. State v. Kriechbaum, 219 Iowa 457, 258 N.W. 110, 96 A.L.R. 1317.

The action is abated.

RICHARDS, C. J., and MILLER, HAMILTON, SAGER, HALE, BLISS, and MITCHELL, JJ., concur.