Section 435. Abatement of appeals
(1)
Every appeal under section 418 or section 419 shall finally abate on
the death of the accused.
the death of the accused.
(2)
Every other appeal under this Chapter (except an appeal from a sentence of fine) shall finally abate
on the death of the appellant:
on the death of the appellant:
ExplanationIn this section, “near relative” means a parent, spouse, lineal descendant, brother or
sister.
CHAPTER XXXII
REFERENCE AND REVISION
Provisowhere the appeal is against a conviction and sentence of death or of imprisonment, and
the appellant dies during the pendency of the appeal, any of his near relatives may, within thirty days of the
death of the appellant, apply to the Appellate Court for leave to continue the appeal; and if leave is granted,
the appeal shall not abate.