46 ALAAPP 290 - Jett v. State

How this case has been cited

Cited by 12 later decisions — most recently September 2001

11 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.

CATES, Judge.

¶1Rape: sentence, 99 years.

¶2The appellant has escaped from custody. The Attorney General has moved that we dismiss his appeal.

¶3On authority of Warwick v. State, 73 Ala. 486 (see Hammonds v. State, 44 Ala.App. 256, 206 So. 924; Ex parte Hammonds, 45 Ala.App. 468, 231 So.2d 922), Jett’s appeal stands dismissed unless before the next call of the Seventh Division (Code 1940, T. 13, §§ 21 and 22), 3:00 P.M. Tuesday, January 12, 1971, the appellant has theretofore purged himself of contempt by returning to the custody of the law.

¶4Dismissed conditionally.

ALMON, J., not sitting.

¶5ORDER FINALIZING DISMISSAL

¶6The time of the call of the Seventh Division having passed with appellant beyond the custody of the law, it is ordered that the conditional order of dismissal heretofore entered December 15, 1970, be and the same is made final. Hammonds v. State, 44 Ala.App. 256, 206 So.2d 924; Pace v. State, 45 Ala.App. 390, 231 So.2d 166.

¶7Dismissed.