State v. Forrester

Missouri Court of Appeals

State v. Forrester

579 S.W.2d 421, 1979 Mo. App. LEXIS 2799

CourtMissouri Court of Appeals

DecidedMarch 28, 1979

DocketNo. 11148

StatusPublished

Cited by3 cases

This text of 579 S.W.2d 421 (State v. Forrester) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Forrester, 579 S.W.2d 421, 1979 Mo. App. LEXIS 2799 (Mo. Ct. App. 1979).

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Opinion

TITUS, Judge.

The transcribed judgment of conviction herein recounts that on August 24, 1978, in the Circuit Court of Greene County, Missouri, defendant was sentenced and judgment was entered upon his conviction for the crime of pandering, a felony per § 563.010, V.A.M.S. The court has been furnished a certified copy of the Certificate of Death of the Missouri Division of Health, duly executed by Harold L. Jones, M.D., which attests that on February 25, 1979, defendant expired as the result of a cardiac arrest.

Having died before the crime against him was finally determined on appeal, defendant was never finally convicted of the crime charged and his death served to abate the prosecution against him. As a result, this court has no viable cause before it and the appeal is hereby dismissed. State v. Macktin, 560 S.W.2d 69 (Mo.App.1977).

All concur, except GREENE, J., not participating because not a member of the court when case was submitted.

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TITUS, Judge.

The transcribed judgment of conviction herein recounts that on August 24, 1978, in the Circuit Court of Greene County, Missouri, defendant was sentenced and judgment was entered upon his conviction for the crime of pandering, a felony per § 563.010, V.A.M.S. The court has been furnished a certified copy of the Certificate of Death of the Missouri Division of Health, duly executed by Harold L. Jones, M.D., which attests that on February 25, 1979, defendant expired as the result of a cardiac arrest.

Having died before the crime against him was finally determined on appeal, defendant was never finally convicted of the crime charged and his death served to abate the prosecution against him. As a result, this court has no viable cause before it and the appeal is hereby dismissed. State v. Macktin, 560 S.W.2d 69 (Mo.App.1977).

All concur, except GREENE, J., not participating because not a member of the court when case was submitted.

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Bluebook (online)

579 S.W.2d 421, 1979 Mo. App. LEXIS 2799, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-forrester-moctapp-1979.

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