State v. Free

Frank Free was convicted on April 12, 1926 for violating the prohibition law, and was sentenced to pay a fine of $250 and costs and to be committed to the county jail for the period of thirty days. From this judgment he appeals. While the appeal was pending and awaiting decision before this court, the defendant died, and his death has been suggested to the court with the request that it make an appropriate order in the premises. It is well established that in the absence of a statute expressing the contrary — and we have no such statute — all proceedings in the matter abate. 17 C. J. 94, sec.…