Stevens v. State

OPINION OP COURT.

The following is taken, verbatim, from the opinion:

MAUCK, J.

The effect of the escape of a prisoner upon his right to maintain a proceeding in error does not appear to have been considered by the courts of this state. Our conclusion is that it is within the court’s discretion to adopt any of three courses: (1) To hear the case, notwithstanding the escape of the prisoner; (2) to dismiss the proceeding outright; (3) or to fix the day within which the fugitive shall surrender as a condition precedent to the maintenance of the proceeding. 2 R. C. L. 63, note to Tyler v. State, 26…