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State v. Lee

Missouri Court of Appeals, Southern District, En Banc
Apr 25, 1979
580 S.W.2d 563 (Mo. Ct. App. 1979)

Opinion

No. 11217.

April 25, 1979.

APPEAL FROM THE CIRCUIT COURT, GREENE COUNTY, MAX E. BACON, J.

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

John B. Newberry, Springfield, for defendant-appellant.


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.


Although I concur in the result, I do not believe the issuance of a formal opinion is necessary. An order of dismissal would serve the purpose.


Summaries of

State v. Lee

Missouri Court of Appeals, Southern District, En Banc
Apr 25, 1979
580 S.W.2d 563 (Mo. Ct. App. 1979)
Case details for

State v. Lee

Case Details

Full title:STATE OF MISSOURI, PLAINTIFF-RESPONDENT, v. ERNEST W. LEE…

Court:Missouri Court of Appeals, Southern District, En Banc

Date published: Apr 25, 1979

Citations

580 S.W.2d 563 (Mo. Ct. App. 1979)

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” Id. (emphasis added). See also State v. Lee, 580 S.W.2d 563, 564 (Mo.App.S.D. banc 1979) (defendant, who…

State v. Benitez

Cf. State v. Macklin, 560 S.W.2d 69, 70 (Mo.App.1977) (noting that “[d]uring his lifetime, defendant was…