¶1According to the notice of appeal, defendant Ernest W. Lee was convicted of rape, a felony as provided by § 559.260, V.A.M.S. On October 16, 1978, he was sentenced by the Circuit Court of Greene County and admitted to bail. By a certified copy of the Certificate of Death of the Missouri Division of Health, we are advised that defendant died March 16, 1979, while his appeal was pending in this court.
¶2Because defendant expired before the crime charged was finally determined, the prosecution against him wholly abated and there was no conviction of him in the cause. As a result thereof, this court is without a viable cause and the appeal is hereby dismissed. State v. Macklin, 560 S.W.2d 69, 70 (Mo.App.1977), and cases there cited.
¶3The appeal is ordered dismissed.
¶4(concurring in result).
¶5Although I concur in the result, I do not believe the issuance of a formal opinion is necessary. An order of dismissal would serve the purpose.