State v. Crump
New Mexico Supreme Court
Appeal from District Court, Roosevelt County; Richardson, Judge. Thomas Crump was convicted of assualt with a deadly weapon, and he appeals, and, upon his death pending appeal, his administratrix, Bessie L. Crump, applied to be substituted as appellant.
1Opinion of the Court
OPINION OP THE COURT.
HANNA, C. J.
Thomas Crump was convicted of assault with a deadly weapon in the district court for Roosevelt county. He was fined $200 and costs and from that sentence he has perfected this appeal.
During the pendency of this appeal Crump died. Bessie L. Crump, administratrix of the estate of Thomas Crump, has applied here to be substituted as appellant.
The general rule is that a judgment imposing a fine in a criminal case abates on the death of the defendant pending an appeal or writ of error, and the fine imposed cannot be enforced against the estate. 8 R. C. L. “Criminal…
2Cases cited1 opinion
- United States v. DunneCourt of Appeals for the Ninth Circuit · 1909
3Cited by2 opinions
- State v. BlakeOhio Court of Appeals · 1977
- State v. DoakNew Mexico Court of Appeals · 1976