State v. Clark-Kotarski

ORDER

Respondent State of Montana filed herein a motion to dismiss the appeal of the defendant on the ground that the appellant-defendant is now deceased, having suffered a cardiac arrest at the Montana State Prison on November 15, 1970.

Counsel for the deceased defendant filed objections to the motion and this Court set the motion for hearing, at which hearing counsel for respondent and appellant appeared and argued for and against the motion.

We have several times held that the death of a convicted person pending his appeal, abates the appeal. This Court stated in State v. Lawrence, 122 Mont.…