249 So. 2d 652 - Wheeler v. State

How this case has been cited

Cited by 6 later decisions — most recently May 2015

6 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.

GILLESPIE, Presiding Justice:

¶1ON MOTION TO DISMISS APPEAL

¶2Johnnie H. Wheeler was convicted of murder and sentenced to life imprisonment. He perfected an appeal to this Court and the case was briefed by the attorneys. While his appeal was pending, he escaped from the county jail. His case was called at the time it was set for hearing on the merits, and he was still a fugitive. His attorney was present and prepared to orally argue the case on the merits, but the appeal is dismissed under the authority of Jones v. State, 218 So.2d 70S (Miss.1969), wherein this Court said:

¶3The new rule is that where a person is convicted of a felony and perfects an appeal to this Court and escapes from custody pending his appeal and is still a fugitive when his case is called for hearing on the merits such action shall be deemed an abandonment of the appeal and will be subject to a motion by the State to dismiss such appeal. (218 So.2d at 706).

¶4Appeal dismissed.

RODGERS, JONES, BRADY and IN-ZER, JJ., concur.