State v. Butler

Decided March 31, 1913

Supreme Court of Louisiana · decided 1913-03-31

<p>Appeal from Twenty-Fifth Judicial District Court, Parish of Tangipahoa; Robert S. Ellis, Judge.</p> <p>Roan Butler was convicted of murder, and he appeals.</p>

Good law ✅— No negative treatment on recordhow we know

Appeal dismissed · Decided 1913-03-31

How this case has been cited

Cited by 3 later decisions — most recently January 1969

3 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1On Motion to Dismiss.

" BREAUX, C. J.

¶2Appeal from the Twenty-Fifth judicial district court, parish of Tangipahoa.

¶3The accused was tried for murder, and was found guilty, without capital punishment. He appeals from a sentence at hard labor for the term of his natural life.

¶4The Attorney General filed a motion to dismiss the appeal on the ground that defendant escaped from the parish prison since the appeal was taken; that he is at large and a fugitive.

¶5The facts relating to defendant’s escape and showing that he is a fugitive are sustained by the sworn statement of the sheriff of the parish of Tangipahoa and are not denied.

¶6The decisions hold that an appeal will not be heard, and that it must be dismissed, when an accused escapes from custody.

¶7The appeal is dismissed.