State v. . Anderson
Supreme Court of North Carolina
INDICTMENT for murder, tried at Spring Term, 1891, of the Superior Court of Alleghany County, before Bynum, J. The prisoner was found guilty of murder and there was judgment accordingly, from which he appealed. Pending the appeal the defendant made his escape and is now at large. The Attorney General moves to dismiss the appeal.
1Opinion of the Court
Avery, J.:
It was settled in State v. Jacobs, 107 N. C., 772, that where a prisoner who has been convicted of a capital felony, escapes from custody and is at large when his appeal is called for trial, this Court may, in the exercise of a sound! discretion, dismiss the appeal, hear and determine the assignments of error or continue to await the recapture of the fugitive. In the exercise of this power the appeal, on motion of the Attorney General, is
Dismissed.
2Cases cited1 opinion
- State v. . JacobsSupreme Court of North Carolina · 1890
3Cited by5 opinions
- State v. Dixon.Supreme Court of North Carolina · 1902
- State v. . KeeblerSupreme Court of North Carolina · 1907
- State v. . CodySupreme Court of North Carolina · 1896
- State v. . DevaneSupreme Court of North Carolina · 1914
- State v. WilliamsSupreme Court of North Carolina · 1965