Commonwealth v. Embody

Culver, P. J.,

Charles Embody, the above defendant, was indicted in this county for sodomy and entered a plea of guilty to an attempt to commit sodomy, and was, on December 9, 1937, sentenced to pay the costs of prosecution, a fine of $1,000, and undergo *281imprisonment by separate or solitary confinement at labor in the Eastern Penitentiary for the indefinite period of not less than two years and not to exceed five years.

Twenty-one days after his sentence, to wit, December 30, 1937, the said Charles Embody died in prison. The fine and costs remaining unpaid and the original judgment of the court…