Legal Opinion

State v. McMillan

Supreme Court of North Carolina

Decided February 15, 1886PublishedCited by 4 opinions

Motion to dismiss the prisoner’s appeal, made and heard at the February Term, 1886, of the Supreme Court. The ease is sufficiently stated in the opinion of the Court.

1Opinion of the CourtMerrimoN, J.

The appellant was convicted in the Superior Court of the county of Moore, of the crime of murder.

There was judgment of death against him, and he appealed to this Court. His appeal was docketed here at October Term, 1884.

It appears to the satisfaction of the Court, that pending the appeal, the appellant escaped, and still continues at large, and fails to prosecute his appeal.

At the present Term, the Attorney-General moved to dismiss the appeal, “for that the same has been pending in this Court for more than two Terms, and the appellant has failed to prosecute it as required by the Rule (5) of…

2Cases cited1 opinion

  1. People of the State of N.Y. v. . GenetNew York Court of Appeals · 1874

3Cited by4 opinions

  1. People v. Del RioNew York Court of Appeals · 1964
  2. State v. . JacobsSupreme Court of North Carolina · 1890
  3. State ex rel. Soudas v. BrinkerWashington Supreme Court · 1924
  4. Harding v. StateMississippi Supreme Court · 1909

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