Hayes v. State

Inasmuch as counsel for plaintiff in error can, by filing briefs, always prevent dismissal for want of .prosecution, and inasmuch as the act of September 7th, 1891, requires the remittitur to be sent down promptly after judgment of affirmance in a criminal case, this court cannot, consistently with the decision in Zorn v. Lamar, 71 Qa. 85, reinstate such a case on motion made after the remittitur has been sent down, although the absence of counsel at the time the case was called and dismissed was occasioned by providential cause. Especially is this so where, by inspection of the certificate…