¶1*1201 Robert F. DeJean, Sr., DeJean & DeJean, Opelousas, Louis B. Merhige, New Orleans, for defendant-appellant.
¶2William J. Guste, Jr., Atty. Gen., Barbara Rutledge, Asst. Atty. Gen., Morgan J. Goudeau, Jr., Dist. Atty., Patrick G. Quinlan, J. Wensles Parra, Jr., Asst. Attys. Gen., for plaintiff-appellee.
¶3TATE, Justice.
¶4By joint stipulation, it has been brought to our attention that the appellant died while this appeal was pending. The prosecution in these proceedings is therefore abated. State v. Morris,328 So.2d 65 (La. 1976).
¶5Accordingly, the appeal in this case is dismissed, the judgment of conviction is vacated, and the case is remanded to the district court with instructions to dismiss the indictment.
¶6PROSECUTION ABATED, APPEAL DISMISSED.