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

UpLaw has not yet analyzed United States v. Harry Lee Hudson. The absence of a flag is not a finding that it is good law.

Authority status
pending
Cited by
2 opinions