United States v. Samuel Siano and Otis Thurmond Curry
This text of 463 F.2d 778 (United States v. Samuel Siano and Otis Thurmond Curry) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
It has been made known to the Court as a fact, supported by the official death certificate of the State of Florida, that appellant, Samuel Siano, in the above styled and numbered cause died in Hollywood, Florida on May 14, 1972. Since a criminal prosecution abates ab initio upon the death of appellant, the case must be remanded with directions to the district court to vacate the judgment and dismiss the indictment as to appellant Siano. 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.
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463 F.2d 778, 1972 U.S. App. LEXIS 8492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-samuel-siano-and-otis-thurmond-curry-ca5-1972.