Harding v. State
Mississippi Supreme Court
MOTION TO DISMISS APPEAL. Eeom the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Harding, appellant, was indicted for obtaining money under false pretenses, was tried, convicted, sentenced to the penitentiary, and appealed to the supreme court. Pending his appeal he escaped from custody. When the •case was reached in the supreme court, the attorney-general moved a dismissal. Other facts are stated in the opinion of the court.
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MOTION TO DISMISS APPEAL. Eeom the circuit court of Monroe county. Hon. Eugene O. Sykes, Judge. Harding, appellant, was indicted for obtaining money under false pretenses, was tried, convicted, sentenced to the penitentiary, and appealed to the supreme court. Pending his appeal he escaped from custody. When the •case was reached in the supreme court, the attorney-general moved a dismissal. Other facts are stated in the opinion of the court. If a prisoner is convicted and escapes from custody pending bis1 appeal and is at large when his appeal is called for trial,, the court may, in its…
1Opinion of the CourtMates, J.
At the September term of the circuit court of Monroe county, 1908, Charles Harding was convicted of obtaining money under false pretenses and given a three-year sentence in the penitentiary. After the conviction an appeal was prosecuted therefrom to the supreme court, and the record filed here on the 2d day of February, 1909. Subsequently, on motion of the assistant attorney-general, it was made to appear to the court that while this appeal was pending the appellant had made his. escape from custody, and on motion of the assistant attorney-general the case was taken from the active calendar…
2Cases cited1 opinion
- State v. McMillanSupreme Court of North Carolina · 1886
3Cited by3 opinions
- Jones v. StateMississippi Supreme Court · 1969
- Lofton v. StateMississippi Supreme Court · 1928
- Harrelson v. StateMississippi Supreme Court · 1954