State v. Martin
Oregon Supreme Court
Motion to abate an appeal on account of the death of the defendant. The personal representatives of the deceased appeared to resist the motion, because it would leave in force against the estate a judgment for costs in favor of the State.
1Opinion of the Court
Opinion by
Mr. Justice Bean.
*109The defendant, E. Martin, was convicted and sentenced to the penitentiary for the crime of forgery. From this judgment he appealed, but died before the cause could be heard in this court. His death having been suggested, the attorney-general moves for an order abating the appeal. This motion must be allowed. There is no right of appeal in any case unless given either by statute or some rule of common law; and we are advised of no common law rule or statutory enactment authorzing the prosecution of an appeal in a criminal case in this State by the personal…
2Cases cited2 opinions
- O'Sullivan v. PeopleIllinois Supreme Court · 1892
- Herrington v. StateSupreme Court of Georgia · 1875
3Cited by15 opinions
- State v. FurthWashington Supreme Court · 1914
- Moores v. MooresOregon Supreme Court · 1899
- Nickerson v. NickersonOregon Supreme Court · 1898
- United States v. MitchellU.S. Circuit Court for the District of Oregon · 1908
- Gibson v. StateIndiana Supreme Court · 1912
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