State v. Lee

Missouri Court of Appeals

State v. Lee

580 S.W.2d 563, 1979 Mo. App. LEXIS 2823

CourtMissouri Court of Appeals

DecidedApril 25, 1979

DocketNo. 11217

StatusPublished

Cited by2 cases

This text of 580 S.W.2d 563 (State v. Lee) 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.

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State v. Lee, 580 S.W.2d 563, 1979 Mo. App. LEXIS 2823 (Mo. Ct. App. 1979).

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Opinions

TITUS, Judge.

According to the notice of appeal, defendant Ernest W. Lee was convicted of rape, a felony as provided by § 559.260, V.A.M.S. On October 16, 1978, he was sentenced by the Circuit Court of Greene County and admitted to bail. By a certified copy of the Certificate of Death of the Missouri Division of Health, we are advised that defendant died March 16, 1979, while his appeal was pending in this court.

Because defendant expired before the crime charged was finally determined, the prosecution against him wholly abated and there was no conviction of him in the cause. As a result thereof, this court is without a viable cause and the appeal is hereby dismissed. State v. Macklin, 560 S.W.2d 69, 70 (Mo.App.1977), and cases there cited.

The appeal is ordered dismissed.

HOGAN, BILLINGS, MAUS and GREENE, JJ., concur. FLANIGAN, C. J., concurs in result and files opinion.

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