Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Docket Number
Attorney(S)
Judges

STATE OF MISSOURI, PLAINTIFF-RESPONDENT, v. GEORGE EDWARD MILLER, DEFENDANT-APPELLANT.

TITUS, Judge.

The notice of appeal herein recounts that on July 28, 1978, in the Circuit Court of Greene County, defendant was sentenced and judgment was entered upon his conviction for selling a controlled substance, a felony per § 195.240, V.A.M.S., under the habitual criminal act, § 556.280, V.A.M.S. We have been furnished a copy of the Certificate of Death of the Missouri Division of Health, duly executed by the Coroner of Greene County, which attests that on August 15, 1978, defendant expired in the county jail of Greene County by suicide through "suffocation by hanging."

Having died before the crime against him was finally determined on appeal, defendant was never finally convicted of the crime charged and his death served to abate the prosecution against him. As a result, this court has no viable cause before it and the appeal is hereby dismissed. State v. Macklin, 560 S.W.2d 69 (Mo.App. 1977).

All concur.

Use AI to get other relevant cases.

Comments

STATE v. MILLER
(Mar 15, 1979)