State v. King

Missouri Court of Appeals

State v. King

603 S.W.2d 71, 1980 Mo. App. LEXIS 3238

CourtMissouri Court of Appeals

DecidedJuly 25, 1980

DocketNo. 11685

StatusPublished

Cited by1 cases

This text of 603 S.W.2d 71 (State v. King) 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. King, 603 S.W.2d 71, 1980 Mo. App. LEXIS 3238 (Mo. Ct. App. 1980).

Pincite

Opinion

TITUS, Presiding Judge.

Defendant-appellant was jury-convicted in the Circuit Court of Jasper County of the crime of manslaughter. § 559.070 RSMo 1969. On January 25, 1980, he was court-sentenced to ten years of imprisonment and his notice of appeal to this court was duly filed January 28, 1980.

The Oklahoma State Department of Health has furnished this court with certification that defendant-appellant expired in Tulsa, Oklahoma, on March 26, 1980.

Because defendant-appellant died prior to final determination of the cause on appeal, he was never finally convicted of the crime of manslaughter and his death served to abate the prosecution against him. Therefore, this court has no viable cause before it in this matter and the appeal is hereby dismissed. State v. Forrester, 579 S.W.2d 421 (Mo.App.1979); State v. Macklin, 560 S.W.2d 69 (Mo.App.1977).

GREENE and PREWITT, JJ., concur. FLANIGAN, C. J., concurs in result only.

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