In the Case of United States v. Larry Wu-Tai Chin. United States of America v. Cathy Chin

This appeal presents the issues of the abatement of a criminal prosecution because of the death of the accused, and when and by whom a motion for such abatement may be made. We find that the widow, the duly appointed personal representative of the estate of the accused, is a proper party to petition for abatement and that the petition of the administratrix for abatement in the present case was filed within a reasonable time. We conclude that the district court’s order of April 24, 1986 denying abatement is void because it was not made by a party with standing to do so. We remand the case to…