State v. . Cody
Supreme Court of North Carolina
INDICTMENT for burglary, tried before Boylein, J., at Fall Term, 1894, of Madison Superior Court. Tbe defendants were convicted and appealed. Before the appeal was called for trial they had escaped from custody and were at large. The case was continued from term to term and they are still at large.
1Opinion of the Court
ClaRK, J. :
In State v. Anderson, 111 N. C., 689 it is held, approving State v. Jacobs, 109 N. C., 772, that “ where a prisoner who had been convicted of a capital felony escajms from custody and is at large when his appeal is called for trial, this Court may in the exercise of asonnd discretion dismiss the appeal, or hear and determine the assignments of error, or continue the case,” and in that case the appeal was dismissed. In the present instance, we have heretofore pursued the latter of the three courses indicated, having continued the cause till this the fifth term. The prisoners not yet…
2Cases cited5 opinions
- McCorkle v. StateIndiana Supreme Court · 1860
- Hawthorn v. StateCourt of Appeals of Maryland · 1881
- Shiff v. StateSupreme Court of Alabama · 1887
- State v. Sexton.Supreme Court of North Carolina · 1824
- State v. . AndersonSupreme Court of North Carolina · 1892
3Cited by12 opinions
- State v. . LevySupreme Court of North Carolina · 1924
- State v. Dixon.Supreme Court of North Carolina · 1902
- State v. LevySupreme Court of North Carolina · 1924
- State v. RegisterSupreme Court of North Carolina · 1903
- State v. . RegisterSupreme Court of North Carolina · 1903
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