People v. Alexander

THOMPSON (IRA F.), J.

Since the appeal from the judgment and an order denying the defendant’s motion for a new trial was perfected the appellant has died. The question now under consideration is: What is or should be the effect of his death upon the proceedings? Counsel for appellant argues that this court should proceed to a determination of the merits of the appeal in order that the reputation of the deceased may not be wrongfully assailed, assuming of course, as he does, that such a consideration would result in a reversal. The argument we think proceeds from a wrong premise. What…