State v. Mansfiedd

Decided May 15, 1886

Supreme Court of Louisiana · decided 1886-05-15

<p>The appeal taken by a party frum a conviction and sentence for a crime, and who escapes . from custody during the pendency of the appeal, cannot be prosecuted by counsel, and hence must be dismissed. State vs. Edwards, 36 Ann. 863, affirmed.</p>

Cited by 2 later decisions — most recently January 1969

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-05-15

View the full empirical analysis of this case →

¶1The opinion of the Court was delivered by

Poché, J.

¶2The motion of the Attorney General to dismiss this appeal must prevail.

¶3He has shown by proper evidence that during the pendency of this appeal the defendant has broken jail and'is now a fugitive from justice.

¶4The defendant doubtless considered that as the safest mode of avoiding the penalty of the crime for which he stood convicted. Reason, law and justice require that he should abide the result of his option in tlio xn'emises.

¶5The identical question was presented to us in the case of Edwards, 36 Ann. 863, and we therein said: “A prisoner under conviction and sentence, who lias escaped from custody during the pendency of his appeal, cannot by counsel prosecute his appeal.

¶6It is therefore ordered that this appeal be dismissed.