Powers v. State

McMurray, Presiding Judge.

Defendant was indicted and convicted in Richmond County for the offense of burglary and sentenced to serve ten years in prison. Defendant filed notice of appeal to this court but before this case was argued, a motion to dismiss his appeal on the ground that he had escaped and was no longer in custody was filed in this court and served upon his counsel of record. The motion is supported by an affidavit of the Sheriff of Richmond County stating that defendant had escaped and is still at large. No denial of the facts alleged in the motion and as shown in the affidavit…