State v. Edwards

The opinion of the Court was delivered by

Todd, J.

The defendant was convicted of murder and sentenced to a life imprisonment in the penitentiary. He appealed to this court and during the pendency of the appeal escaped from the jail in which he was confined. He was not re-arrested and is now a fugitive.

The district attorney moves to dismiss the appeal by reason of the above facts. The motion must prevail. A prisoner, under conviction *864and sentence, who has escaped from custody during the pendency of his appeal, cannot, by counsel, prosecute his appeal.

In the case of State vs. Wright, 32 Ann.…