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Perry v. State
1991 WY 140
821 P.2d 1273
Case Number: 90-111
Decided: 11/13/1991
Supreme Court of Wyoming
Cite as: 1991 WY 140, 821 P.2d 1273
DAVID
D. PERRY, APPELLANT (DEFENDANT),
v.
THE
STATE OF WYOMING, APPELLEE
(PLAINTIFF).
ORDER
WITHDRAWING PREVIOUS OPINION
[1.] The above-entitled
matter having come on before the Court on appellee's Motion for Rehearing, the
Court, being fully advised in the premises, finds that:
1.
On November 13, 1991, this Court issued an opinion in this case reversing
appellant's conviction. Perry v. State, 821 P.2d 1273 (Wyo.
1991).
2.
On December 2, 1991, the State filed a petition for rehearing, which was granted
on January 3, 1992. In the process of deciding the petition, this Court became
aware that appellant had died on May 14, 1991, which was prior to the issuance
of the Court's opinion. The Court was unaware of appellant's death at the time
the opinion was issued.
3.
We have previously held that "the death of the defendant in a criminal case
pending appeal, in the absence of a statute expressing the contrary, permanently
abates the action and all proceedings under the judgment." State v. Free, 37
Wyo. 188, 189,
260 P. 173 (1927). When appellant died, his appeal died with him. This Court no
longer had jurisdiction to act in appellant's case.
[2.] IT THEREFORE IS ORDERED
that the opinion previously published in the case at 821 P.2d 1273 (1991) be,
and the same hereby is, withdrawn.
Citationizer Summary of Documents Citing This Document
| Cite |
Name |
Level |
| None Found. |
Citationizer: Table of Authority
| Cite |
Name |
Level |
| Wyoming Supreme Court Cases |
| | Cite | Name | Level |
| | 1927 WY 78, 260 P. 173, 37 Wyo. 188, | State v. Free | Cited |
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