Ward v. State

Decided February 9, 1921

Court of Criminal Appeals of Texas · decided 1921-02-09

<p>Criminal (aw <§==>1070 — Appeal is abated by death of defendant.</p> <p>The death of one convicted of a felony pending his appeal from the conviction abates the appeal.</p>

Cause stricken from docket · Decided 1921-02-09

MORROW, P. J.

¶1This case, by regular procedure, is on appeal from a judgment of the district court of Tarrant county adjudging the appellant guilty of a felony.

¶2It has been made to appear to this court by the written affidavit of Hon. Jesse M. Brown, attorney for the state, that since the appeal was prosecuted the appellant died. The effect of his death was to abate the appeal. March v. State, 5 Tex. App. 450.

¶3The appeal being abated, it is ordered that the cause be stricken from the docket.

¶4other cases see same topic and KEY-NUMBEK in all Key-Numbered Digests and Indexes