111 N.C. 689
16 S.E 316
Supreme Court of North Carolina
Decided September 5, 1892
Supreme Court of North Carolina · decided 1892-09-05
INDICTMENT for murder, tried at Spring Term, 1891, of the Superior Court of Alleghany County, before Bynum, J. The prisoner was found guilty of murder and there was judgment accordingly, from which he appealed. Pending the appeal the defendant made his escape and is now at large. The Attorney General moves to dismiss the appeal.
Cited by 1 later decisions — most recently March 1965
1 state decisions
Good law ✅— No negative treatment on recordhow we know
Decided 1892-09-05
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¶1 It was settled in State v. Jacobs, 107 N. C., 772, that where a prisoner who has been convicted of a capital felony, escapes from custody and is at large when his appeal is called for trial, this Court may, in the exercise of a sound! discretion, dismiss the appeal, hear and determine the assignments of error or continue to await the recapture of the fugitive. In the exercise of this power the appeal, on motion of the Attorney General, is
¶2 Dismissed.