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U.S. v. CHIN

No. 86-5158.

848 F.2d 55 (1988)

In the Case of UNITED STATES v. Larry Wu-Tai CHIN. UNITED STATES of America, Plaintiff-Appellee, v. Cathy CHIN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 27, 1988.

Attorney(s) appearing for the Case

Joseph John Aronica, Asst. U.S. Atty., Alexandria, Va., on brief, for plaintiff-appellee.

Jacob A. Stein (Stein, Mitchell & Mezines), Warren Gary Kohlman (Kohlman & Fitch), Washington, D.C., (Marcia M. Maddox, Betty A. Thompson, Arlington, Va., on brief), for defendant-appellant.

Before CHAPMAN and WILKINS, Circuit Judges, and BOYLE, United States District Judge for the Eastern District of North Carolina, sitting by designation.

PER CURIAM:

This appeal presents the issues of the abatement of a criminal prosecution because of the death of the accused, and when and by whom a motion for such abatement may be made. We find that the widow, the duly appointed personal representative of the estate of the accused, is a proper party to petition for abatement and that the petition of the administratrix for abatement in the present case was filed within a reasonable time. We conclude that the district...

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