High v. State

Plaintiff in error was convicted of the offense of selling alcohol to one Charley Rainey. October 9, 1913, judgment was entered in accordance with the verdict. To reverse the judgment an appeal was perfected by filing in this court on January 7, 1914, a petition in error with case-made. Since the appeal was taken and before the final submission of the cause, suggestion of plaintiff in error’s death has been called to the attention of the court by his counsel. “In a criminal prosecution, the purpose of the proceedings being to punish the defendant in person, the action must necessarily abate…