Mitchell v. State

ON MOTION TO DISMISS

Appellant seeks review of a judgment of conviction and sentence based upon a jury verdict finding him guilty of murder in the first degree, with a recommendation of mercy. He is represented on this appeal by court-appointed counsel, and the cause was set for oral argument before the court on November 14, 1972.

Prior to the date on which the appeal was to be heard appellee filed in the cause a motion to dismiss the appeal on the ground that appellant had escaped on October 22, 1972, from the jail in which he was incarcerated and his whereabouts are presently unknown. It has…