STATE v. LEE

No. 11217.

580 S.W.2d 563 (1979)

STATE of Missouri, Plaintiff-Respondent, v. Ernest W. LEE, Defendant-Appellant.

Missouri Court of Appeals, Southern District, En Banc.

April 25, 1979.


Attorney(s) appearing for the Case

John D. Ashcroft, Atty. Gen., Paul Robert Otto, Asst. Atty. Gen., Jefferson City, for plaintiff-respondent.

John B. Newberry, Springfield, for defendant-appellant.


TITUS, Judge.

According to the notice of appeal, defendant Ernest W. Lee was convicted of rape, a felony as provided by § 559.260, V.A.M.S. On October 16, 1978, he was sentenced by the Circuit Court of Greene County and admitted to bail. By a certified copy of the Certificate of Death of the Missouri Division of Health, we are advised that defendant died March 16, 1979, while his appeal was pending in this court.

Because defendant expired before the crime...

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