State v. Sholiton

*386OPINION

By STEVENS, J.

Defendant was indicted for the crime of armed robbery, upon trial was convicted, and was sentenced to the penitentiary. From the judgment of conviction, appeal on questions of law was duly taken, and execution of sentence was suspended by the trial court pending appeal.

While the appeal was pending in this court, the defendant died on or about the 12th of June, 1954.

Counsel, who were of record for defendant in the trial court and in this court, have filed a motion setting up the death of defendant, and asking this court to “abate the criminal prosecution and all procedure…