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541 So. 2d 1009

State v. Stovall

Louisiana Court of Appeal

Decided April 19, 1989

Louisiana Court of Appeal · decided 1989-04-19

Cited by 1 later decisions — most recently April 1996

1 state decisions

Relies on 328 So. 2d 65 - State v. Morris · 370 So. 2d 874 - Southern Message Service, Inc. v. Louisiana Public Service Commission · State v. Ferina

Good law ✅— No negative treatment on recordhow we know

Decided 1989-04-19

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GUIDRY, Judge.

¶1Defendant, Wilbert Stovall, Jr., was charged by grand jury indictment with the crime of illegal possession of stolen goods, in violation of La.R.S. 14:69. On May 9, 1988, a jury of six unanimously found the defendant guilty. On June 14, 1988, he was sentenced to 18 months at hard labor. The defendant appealed his conviction.

¶2*1010While this appeal was pending, defendant died. Thus, the prosecution against him is abated. State v. Hamilton, 370 So.2d 874 (La.1979); State v. Ferina, 351 So.2d 1200 (La.1977); State v. Morris, 328 So.2d 65 (La.1976). As we stated in State v. Beasley, 438 So.2d 1229 (La.App. 3rd Cir.1983):

“Abatement ab initio of criminal proceedings has the effect of wiping the slate clean through indictment and conviction, and has as its purpose the consideration of the interest of the surviving family in preserving, unstained the memory of the deceased defendant or his reputation. State v. McClow, 395 So.2d 757 (La.1981); State v. Morris, supra.”

¶3DECREE

¶4Accordingly, this appeal is dismissed, the judgment of conviction is vacated, and the case is remanded to the trial court with instructions to dismiss the indictment against defendant.

¶5APPEAL DISMISSED; MATTER REMANDED WITH INSTRUCTIONS.

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