People of the State of N.Y. v. . Genet

The order appealed from denies the defendant's application for a mandamus to compel the sealing of a proposed bill of exceptions relating to the trial of the defendant for a felony, of which he was found guilty by the verdict of the jury.

The sole ground on which the mandamus was denied is, that after the defendant was found guilty, and before sentence, he escaped out of custody and still remains at large. We think it essential to any step, on behalf of a person charged with felony after indictment found, that he should be in custody; either actual, by being confined in jail, or constructive…