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STATE v. HOXSIE

No. 19836.

570 N.W.2d 379 (1997)

1997 SD 119

STATE of South Dakota, Plaintiff and Appellee, v. James Francis HOXSIE, Defendant and Appellant.

Supreme Court of South Dakota.

Decided October 15, 1997.

Attorney(s) appearing for the Case

Mark Barnett, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, for plaintiff and appellee.

Delmar Walter, Sioux Falls, for defendant and appellant.

PER CURIAM.

[¶ 1.] A defendant died during the pendency of the appeal of his criminal action. The question before us is whether it should be dismissed on grounds of mootness or whether the action should be abated ab initio. We dismiss for mootness.

FACTS

[¶ 2.] James F. Hoxsie was indicted on charges of forgery, third-degree burglary, first-degree robbery, and commission of a felony while armed following his robbery of a Shop-N-Cart in...

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