Summary
In Hebert v. Hebert, supra at 351 So.2d 1200, the Louisiana Supreme Court noted that, "the notion that the substance of the judge's oral remarks would govern instead of the substance of the written judgment could not have been the legislative intent because it would destroy the integrity of written judgments as evidence and public record of the court's decree."
Summary of this case from Caracci v. WilliamsOpinion
No. 59896.
November 14, 1977.
APPEAL FROM TWENTY-SEVENTH JUDICIAL DISTRICT COURT, PARISH OF ST. LANDRY; HONORABLE H. GARLAND PAVY, JUDGE.
Robert F. DeJean, Sr., DeJean DeJean, Opelousas, Louis B. Merhige, New Orleans, for defendant-appellant.
William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Morgan J. Goudeau, Jr., Dist. Atty., Patrick G. Quinlan, J. Wensles Parra, Jr., Asst. Attys. Gen., for plaintiff-appellee.
By joint stipulation, it has been brought to our attention that the appellant died while this appeal was pending. The prosecution in these proceedings is therefore abated. State v. Morris, 328 So.2d 65 (La. 1976).
Accordingly, the appeal in this case is dismissed, the judgment of conviction is vacated, and the case is remanded to the district court with instructions to dismiss the indictment.
PROSECUTION ABATED, APPEAL DISMISSED.