Kirkman v. State

Indiana Supreme Court

Kirkman v. State

114 N.E.2d 878, 232 Ind. 563, 1953 Ind. LEXIS 242

CourtIndiana Supreme Court

DecidedOctober 28, 1953

Docket29,047

StatusPublished

Cited by5 cases

This text of 114 N.E.2d 878 (Kirkman v. State) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kirkman v. State, 114 N.E.2d 878, 232 Ind. 563, 1953 Ind. LEXIS 242 (Ind. 1953).

Pincite

Opinion

Flanagan, J.

Appellant was convicted of grand larceny and this appeal follows- Pending appeal, appellant escaped from the Indiana Reformatory and subsequently absented himself from this State. It appears that he is now in custody of law enforcement officers of another State, being charged with the commission of new crimes and offenses allegedly committed subsequent to his escape here.

Where the appellant in a criminal case absents himself from the custody of the State and from its jurisdiction, and becomes a fugitive from justice, he cannot prosecute his appeal. Doren v. State (1914), 181 Ind. 314, 104 N. E. 500.

The mere fact that he has been captured and is held in another State cannot alter the above rule.

The Attorney General of Indiana has filed a motion to dismiss this appeal.

Motion sustained.

Gilkison, J., not participating.

Note. — Reported in 114 N. E. 2d 878.

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