State v. Porter

On Motion to Dismiss.

The opinion of the Court was delivered by

Bermudez, C. J.

When this case was called for trial, the Attorney General moved for the dismissal of the appeal, on the ground that the defendant had broken jail and was at large, supporting his motion by conclusive evidence of the fact.

Counsel claiming to represent the defendant, under authority since the escape, has moved counter, for a continuance, giving the court the assurance that his client would surrender in time for trial when the case shall again come up.

The court has no mercy to extend to one who has voluntarily placed…