United States v. James Richard Sikes

456 F.2d 1290, 1972 U.S. App. LEXIS 10599

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 21, 1972
• Docket: 72-1067
• Status: Published

Opinion

BY THE COURT:

It has been made known to the Court as a fact, supported by the official death certificate of the State of Texas, that appellant Joseph Earl Mashburn in the above-styled and numbered appeal died in Brownwood, Texas, on February 14, 1972. Since a criminal prosecution abates ab initio upon the death of an appellant, the case must be remanded with directions to the district court to vacate the judgment and dismiss the indictment as to appellant Mashburn. Durham v. United States, 1971, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200; United States v. Askew, 5 Cir. 1971, 441 F.2d 258.

Reversed and remanded.