UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
v.
HENRY J. ASKEW, JR., DEFENDANT-APPELLANT
UNITED STATES OF AMERICA, PLAINTIFF-APPELLEE,
HENRY J. ASKEW, JR., DEFENDANT-APPELLANT
441 F.2d 258
Court of Appeals for the Fifth Circuit (1971)
Positive Treatment
Cited by 12 cases
Opinion of the Court
PER CURIAM:
On this appeal Henry J. Askew contended his Sixth Amendment right to a speedy trial was violated in his conviction for filing false federal income tax returns. However, while the appeal was pending, Askew died. Since a criminal prosecution abates ab initio upon the death of an appellant, the case must be remanded with directions to the district court to vacate the judgment and dismiss the indictment. Durham v. United States, 1971, 401 U.S. 481, 91 S.Ct. 858, 28 L.Ed.2d 200; Daniel v. United States, 5 Cir., 1959, 268 F. 2d 849; Crooker v. United States, 8 Cir., 1963, 325 F. 2d 318; D’Argento v. United States, 9 Cir., 1965, 353 F. 2d 327.
Remanded with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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United States v. Pauline, 625 F.2d 684 (5th Cir. 1980)
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United States v. Jones, 498 F.2d 673 (5th Cir. 1974)
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United States v. Sikes, 456 F.2d 1290 (5th Cir. 1972)
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Durham v. United States, 401 U.S. 481 (U.S. 1971)
- Daniel v. United States, 268 F.2d 849 (5th Cir. 1959)
- D'Argento v. United States, 353 F.2d 327 (9th Cir. 1965)
- Crooker v. United States, 325 F.2d 318 (8th Cir. 1963)