State v. Free
Decision Date | 17 October 1927 |
Docket Number | 1404 |
Citation | 260 P. 173,37 Wyo. 188 |
Parties | STATE v. FREE [*] |
Court | Wyoming Supreme Court |
APPEAL from District Court, Niobrara County; C. O. BROWN, Judge.
Frank Free was convicted of violating the prohibition law, and he appeals. Heard on motion by Attorney General to abate proceedings on account of the death of appellant.
William O. Wilson, Attorney General and James A. Greenwood, Deputy Attorney General, for the motion.
Death abates all proceedings under the judgment. State v Furth, (Wash.) 144 P. 907; Boyd v. State, 108 P. 431; People v. St. Maurice, 135 P. 952; Mickle v. State, 115 P. 628; O'Sullivan v People, 32 N.E. 19.
Frank Free was convicted on April 12, 1926 for violating the prohibition law, and was sentenced to pay a fine of $ 250 and costs and to be committed to the county jail for the period of thirty days. From this judgment he appeals. While the appeal was pending and awaiting decision before this court the defendant died, and his death has been suggested to the court with the request that it make an appropriate order in the premises. It is well established that in the absence of a statute expressing the contrary--and we have no such statute--all proceedings in the matter abate. 17 C. J. 94, sec. 3361. This is true whether the punishment consists of imprisonment or a fine, or of both. In the case of State v. Furth, 82 Wash. 665, 144 P. 907, in which case a fine was assessed against the defendant, the court said:
See also Boyd v. State, 3 Okla. Crim. 684, 108 P. 431, and People v. St. Maurice, 166 Cal. 201, 135 P. 952, and cases cited.
It is accordingly adjudged that all proceedings in the above entitled cause, and the judgment therein rendered, have permanently abated, and that the trial court enter its appropriate order to that effect.
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Notes:
[*] See Headnote:...
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