¶1(specially concurring).
¶2I concur with my colleagues in the dismissal of this appeal. While it is my strong belief that every appeal should be considered on its merits, that belief is predicated upon the premise that an appellant will conduct himself and his appeal in a manner prescribed by the laws of the state of Oklahoma. By the appellant’s voluntary act of escaping from confinement in the Oklahoma State Penitentiary and becoming a fugitive from justice while all conscientious efforts are being made by his attorneys to protect his rights on appeal of a valid judgment and sentence, the appellant himself has foreclosed his own right to have his appeal further considered on the merits. Under the cases cited above it is clearly the settled law in the state of Oklahoma that dismissal of this appeal is therefore proper.