State v. Anderson

Supreme Court of South Carolina

State v. Anderson

314 S.E.2d 597, 281 S.C. 198, 1984 S.C. LEXIS 266

CourtSupreme Court of South Carolina

DecidedFebruary 21, 1984

StatusPublished

Cited by12 cases

This text of 314 S.E.2d 597 (State v. Anderson) is published on Counsel Stack Legal Research, covering Supreme Court of South Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Anderson, 314 S.E.2d 597, 281 S.C. 198, 1984 S.C. LEXIS 266 (S.C. 1984).

Pincite

Opinion

ORDER

Appellant died in an automobile accident pending the disposition of his appeal. The State moved to dismiss the appeal and we granted the motion. Appellant’s counsel now petitions for a rehearing. We deny.

We hold that the death of a criminal appellant, prior to the disposition of his appeal, abates that appeal and constitutes grounds for its dismissal. See 24A C.J.S. Criminal Law §§ 1702 and 1825(3). We further hold that Supreme Court Rule 3, § 2, providing for the substitution of a party in interest when a party to an appeal dies pending its disposition, is inapplicable to criminal appeals.

The order dismissing this appeal is affirmed and the petition for rehearing is denied.

This order shall be published with the opinions of the Court.

It is so ordered.

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