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State v. Woods

State of Missouri v. Daniel Woods

State v. Woods, 56 Mo. App. 55 (1894)
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Court
Missouri Court of Appeals · State Appellate Courts
Decided
January 2, 1894
Judges
Rombauer
Citations
56 Mo. App. 551894 Mo. App. LEXIS 21
Disposition
Appeal dismissed.
Headnotes
Criminal Law: effect of death of defendant pending an appeal. The death of a person, convicted of a misdemeanor, pending an appeal by him to this court abates further proceedings in the cause. In such ease, on sufficient evidence of the death, this court will dismiss the appeal to enable the trial court to make proper entries for the disposition of the cause.
Summary
Appeal from the New Madrid Circuit Court. — Hon. H. C. O’Bryan, Judge. •

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Rombauer

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Rombauer, P. J.

— The defendant in this case was convicted of the offense of petit larceny and fined $50. He appealed from the judgment on March 21, 1891, to this court, but died- shortly afterward, and hence never prosecuted his appeal. His surety upon the recognizance now appears and suggests that the defendant is dead, and supports .the suggestion with a number of affidavits to that effect. The surety further suggests that, as the order of appeal stands unrevoked, in the trial court, no final disposition can be made of the cause there, unless the appeal is first dismissed by us.

*56 It was decided in State v. Hale’s Adm’r, 56 Mo. 602 , that, where a person convicted of a misdemeanor dies pending his appeal, his death abates any further proceedings in the cause. In order to enable the circuit court of New Madrid county to cause the necessary entries to that effect to be made, it is ordered that the appeal herein be dismissed. All the judges concur.

How later courts describe this case

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

1909: 11914: 119092026peak 1909 · 1

Relies on it most ⓘ

  1. State v. Furth144 P. 907 (Wash. 1914)
  2. Baker v. Modern Woodmen of America121 S.W. 794 (Mo. Ct. App. 1909)

Most recent

  1. State v. Furth144 P. 907 (Wash. 1914)
  2. Baker v. Modern Woodmen of America121 S.W. 794 (Mo. Ct. App. 1909)

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 1

DepthCaseCited by
State v. Perrine, 56 Mo. 602 (1874) 6

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