Opinion
January 8, 1929.
CRIMINAL LAW: Appeal — Death of Appellant — Effect. An appeal in a criminal cause will be dismissed by the court on its own motion when it appears that the appellant has died pending the appeal.
Headnote 1: 2 R.C.L. 263.
Criminal Law: 17 C.J., § 3507, p. 192, n. 37.
Appeal from Marshall District Court. — JAMES W. WILLETT, Judge.
Prosecution for murder. There was a verdict of guilty of murder in the second degree, and judgment was entered thereon. The defendant appealed. — Dismissed.
F.E. Northup, for appellant.
John Fletcher, Attorney-general, and Neill Garrett, Assistant Attorney-general, for appellee.
This case has been fully argued. It appears, however, from the brief of the State that, since the filing of the brief for appellant, she has died. Though the method of imparting this information to us is somewhat irregular in form, no reason is apparent why the case should be longer carried upon our docket, or consideration be given thereto.
The appeal will be dismissed on our own motion. — Dismissed.
ALBERT, C.J., and STEVENS, FAVILLE, KINDIG, and WAGNER, JJ., concur.