BILLY POLSON
v.
STATE.

ABATEMENT OF PROSECUTION--Death Pending Appeal. In a criminal prosecution, the purpose of the proceeding being to punish the accused, the action must necessarily abate upon his death, and where it is made to appear that plaintiff in error has died pending the determination of his appeal, the cause will be abated.

Appeal from District Court, Pottawatomie County; Chas. B. Wilson, Jr., Judge.

Billy Polson was convicted of keeping and maintaining a place with intention of selling intoxicating liquor. He appealed, and died pending the appeal. Motion to abate proceeding granted.

Mark Goode, for plaintiff in error.

R. McMillan, Asst. Atty. Gen., for the State.

Page 516

In a criminal action, the purpose of the proceeding being to punish the defendant in person, the action must necessarily abate upon his death. It is therefore considered and adjudged that the proceeding in the above-entitled cause, and especially under the judgment therein rendered, has abated, and that the district court of Pottawatomie county enter its appropriate order to that effect.

ARMSTRONG and MATSON, JJ., concur.