State v. McCury

Miami-Dade County Circuit Court

State v. McCury

27 Fla. Supp. 84

CourtCircuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County

DecidedJune 13, 1966

DocketNo. 5925

StatusPublished

This text of 27 Fla. Supp. 84 (State v. McCury) is published on Counsel Stack Legal Research, covering Circuit Court of the 11th Judicial Circuit of Florida, Miami-Dade County primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. McCury, 27 Fla. Supp. 84 (Fla. Super. Ct. 1966).

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Opinion

HENRY L. BALABAN, Circuit Judge.

Order on motion to abate: In a criminal proceeding, where defendant was convicted in the trial court and appealed, but died pending the appeal, the proceedings are abated ab initio and in toto which includes the trial action and the appeal.

To “abate” is to render non-existent. The question of appellant’s guilt is necessarily left undetermined, and the legal presumption of innocence abides. Bagley v. State (Fla. App. 1960), 122 So.2d 789; Cruz v. State (Fla. App. 1962), 137 So.2d 254.

It is accordingly ordered and adjudged that this appeal as well as the proceedings and judgment in the trial court are abated.

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HENRY L. BALABAN, Circuit Judge.

Order on motion to abate: In a criminal proceeding, where defendant was convicted in the trial court and appealed, but died pending the appeal, the proceedings are abated ab initio and in toto which includes the trial action and the appeal.

To “abate” is to render non-existent. The question of appellant’s guilt is necessarily left undetermined, and the legal presumption of innocence abides. Bagley v. State (Fla. App. 1960), 122 So.2d 789; Cruz v. State (Fla. App. 1962), 137 So.2d 254.

It is accordingly ordered and adjudged that this appeal as well as the proceedings and judgment in the trial court are abated.

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Bluebook (online)

27 Fla. Supp. 84, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-mccury-flacirct11mia-1966.

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