Staten v. State

1. Ben Staten, Pink Miller, and Joe Mathis were tried for the offense of rape, and convicted; and the jury recommended them to the mercy of the court. Within the time allowed by law, the defendants filed their motion for a new trial. At the hearing of the case in this court affidavits were submitted showing that Miller and Mathis had' escaped from custody: and as to these two plaintiffs in error it was ordered that unless they should surrender themselves to the proper authorities on or before the 14th day of May, 1913, the case would be dismissed as to them in this court; of which order their…