State v. Banks

Mount, J. —

The appellant was convicted in the lower court of the crime of unlawfully selling intoxicating liquors. Upon this conviction, the trial court imposed, as punishment, a fine of fifty dollars and costs. Pending the appeal, the appellant died. His death was suggested at the oral argument, but we were invited to pass upon the questions presented upon the briefs.

In the case of State v. Furth, 82 Wash. 665, 144 Pac. 907, we said, at page 667:

“The courts of the country, both state and Federal, have, with marked unanimity, held that the death of the defendant in a criminal case pending…