Dewberry v. State

Upon the final disposition of this appeal those whose duty it is to carry out the judgments and decrees of the trial court and of this court are entitled to know whether appellant shall be required to serve the two-year sentence appealed from or to remain at large under the order of June 30, 1955, which purports to suspend the execution of such prison term.

I know of no statute or rule of law which would prevent this court from determining the question on this appeal, or which requires that appellant’s motion to dismiss the appeal be granted.

This court is not bound to grant the request of an…