#### STATE OF NORTH CAROLINA v. JOHN B. BOYETTE

No. 747SC861

(Filed 5 February 1975)

Criminal Law § 177— death of defendant pending appeal

Where defendant died while his appeal from a criminal conviction was pending, the action is abated and the appeal is dismissed.

On certiorari to review trial before Martin, (Robert M.), Judge, 10 December 1973 Session of Superior Court held in Wilson County.

Defendant was convicted of voluntary manslaughter and judgment imposing a prison sentence was entered. The appeal was argued before this Court on 10 December 1974.

Attorney General Rufus L. Edmisten by Assistant Attorney General Roy A. Giles, Jr., for the State.

Connor, Lee, Connor, Reeee & Bunn by Cyrus F. Lee; Lucas, Rand, Rose, Meyer, Jones & Orcutt by David S. Orcutt, attorneys for defendant appellant.

VAUGHN, Judge.

It appearing that defendant died on 8 January 1975, the action stands abated and the appeal is dismissed.

Action abated.

Appeal dismissed.

Judges Parker and Arnold concur.