State v. Mansfiedd
Also decided on this docket: La. Ct. App. 1st Cir., May 17, 1974 290 So. 2d 701; La. Ct. App. 1st Cir., April 24, 1962 141 So. 2d 54; La. Ct. App. 1st Cir., April 25, 1927 6 La. App. 685
State v. Mansfiedd, 38 La. Ann. 563 (1886).
Cited by
- State v. Lacroute 63 So. 603 La. 1913
Opinion text
The opinion of the Court was delivered by Poché, J. The motion of the Attorney General to dismiss this appeal must prevail. He has shown by proper evidence that during the pendency of this appeal the defendant has broken jail and'is now a fugitive from justice. The 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. The 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. It is therefore ordered that this appeal be dismissed.