Opinion · Court of Appeals for the Fifth Circuit

United States v. Harry Lee Hudson

460 F.2d 321

Type
Opinion
Court
Court of Appeals for the Fifth Circuit
Jurisdiction
Federal
Date
1972-06-05
Topic
general

BY THE COURT: It has been made known to the Court as a fact, supported by the official death certificate of the State of Georgia, that Appellant, Harry Lee Hudson, in the above styled and numbered appeal died in Atlanta, Georgia on April 8, 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. 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.

Citator

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Authority status
pending
Cited by
2 opinions
UNITED STATES v. HUDSON,460 F.2d 321(5th Cir. 1972)
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE, v. HARRY LEE HUDSON,
DEFENDANT-APPELLANT.
No. 71-3123.
United States Court of Appeals, Fifth Circuit.
June 5, 1972.
Bob Reinhardt, Tifton, Ga., C. Ronald Ellington (Court-appointed), Samuel M. Davis, Athens, Ga., for defendant-appellant.

William J. Schloth, U.S. Atty., Ronald T. Knight, Macon, Ga., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Georgia.
Before WISDOM, GODBOLD and RONEY, Circuit Judges.
BY THE COURT:
[1] It has been made known to the Court as a fact, supported by the official death certificate of the State of Georgia, that Appellant, Harry Lee Hudson, in the above styled and numbered appeal died in Atlanta, Georgia on April 8, 1972. Since a criminal prosecution abatesab initioupon the death of an appellant, the case must be remanded with directions to the District Court to vacate the judgment and dismiss the indictment. 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.

[2] Reversed and remanded.