State v. Macklin

STATE of Missouri v. Andre Lamont MACKLIN

State v. Macklin, 560 S.W.2d 69 (Mo. Ct. App. 1977)

Court: Missouri Court of Appeals · State Appellate Courts
Decided: December 15, 1977
Docket: Nos. 10732, 10864 and 10866
Judges: Titus
Citations: 560 S.W.2d 691977 Mo. App. LEXIS 2756

Opinion of the Court — Titus

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TITUS, Judge.

On July 1, 1977 (Case No. 10732) defendant was sentenced upon conviction of second degree burglary and stealing. On November 23,1977 (Case No. 10864) defendant was convicted of two counts of first degree robbery by means of a dangerous and deadly weapon, and on November 29, *70 1977 (Case No. 10866) defendant was sentenced upon conviction of breaking custody. He timely appealed from these judgments of conviction and those appeals are now pending in this court.

Defendant did not make bond pending appeal in any of these cases. On December 9, 1977, defendant was killed while in the custody of the Department of Corrections. Having expired before the above enumerated charges against him were finally determined, the prosecutions against defendant wholly abated and there was no conviction of him in any of the causes within the contemplation of the law. City of Clayton v. Sigoloff, 452 S.W.2d 315 (Mo.App.1970); Scott v. American Express Co., 233 S.W. 492 (Mo.App.1921), cert. quashed State ex rel. Scott v. Cox, 243 S.W. 144 (Mo.1922); Baker v. Modern Woodmen of America, 140 Mo.App. 619 , 121 S.W. 794 (1909); 83 A.L.R.2d 864 , et seq.; Annot., Criminal Case-Death Pending Appeal.

During his lifetime, defendant was never finally convicted of the crimes charged and his death served to abate the prosecutions against him. Consequently, this court has no viable cause before it and the appeal in each involved case is hereby dismissed.

It is so ordered.

All concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 12 cases

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Relies on it most ⓘ

State of Missouri v. Scott William Eckert491 S.W.3d 228 (Mo. Ct. App. 2016)
United States v. Rick Pauline625 F.2d 684 (5th Cir. 1980)
Howell v. United States455 A.2d 1371 (D.C. 1983)
United States v. Chin633 F. Supp. 624 (E.D. Va. 1986)
Keeny v. State575 S.W.2d 850 (Mo. Ct. App. 1978)
State v. Forrester579 S.W.2d 421 (Mo. Ct. App. 1979)

Most recent

State v. Raulerson534 S.W.3d 921 (Mo. Ct. App. 2017)
State of Missouri v. Scott William Eckert491 S.W.3d 228 (Mo. Ct. App. 2016)
State v. Benitez412 S.W.3d 451 (Mo. Ct. App. 2013)
State ex rel. Upjohn Co. v. Belt844 S.W.2d 467 (Mo. Ct. App. 1992)
United States v. Chin633 F. Supp. 624 (E.D. Va. 1986)
Howell v. United States455 A.2d 1371 (D.C. 1983)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 3

Depth	Case	Cited by
	Baker v. Modern Woodmen of Am., 121 S.W. 794 (Mo. Ct. App. 1909)	6
	Schoonover v. St. Louis & San Francisco Ry. Co., 233 S.W. 489 (Mo. Ct. App. 1921)	13
	City of Clayton v. Sigoloff, 452 S.W.2d 315 (Mo. Ct. App. 1970)	2

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