Strack v. State

Appellant was charged by indictment with the crime of conspiracy to commit a felony (Acts 1905 p. 584, ch. 169, §641, §2882 Burns 1926). By verdict he was found guilty. Upon petition, bail was fixed, bond given, and appellant was released from custody pending appeal. The appeal was perfected. Appellant’s death on' August 22, 1930, is suggested by the verified statement of the prosecuting attorney of the Fifty-Second Judicial Circuit, upon which is based the petition of the Attorney-General to dismiss the appeal.

Notwithstanding the statute, supra, which provides as mandatory a fine as well as…