Smith v. United States

Mr. Chiee Justice Waite

delivered the opinion of the court.

It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render. In this case it is- admitted that the plaintiff in error has. escaped, and is not within the control of the court below, either actually, by being in custody, or constructively, by being out on bail. If we affirm the judgment, he- is not likely to appear to submit to his sentence. If we reverse it and order a new trial, he will appear or not, as…