State v. Edwards
This text of 36 La. Ann. 863 (State v. Edwards) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The opinion of the Court was delivered by
The defendant was convicted of murder and sentenced to a life imprisonment in the penitentiary. He appealed to this court and during the pendency of the appeal escaped from the jail in which he was confined. He was not re-arrested and is now a fugitive.
The district attorney moves to dismiss the appeal by reason of the above facts. The motion must prevail. A prisoner, under conviction [864]*864and sentence, who has escaped from custody during the pendency of his appeal, cannot, by counsel, prosecute his appeal.
In the case of State vs. Wright, 32 Ann. 1017, while the fact of the escape was not fully established, on motion of the district attorney to continue the case, we granted the continuance. In this case there is no doubt of the escape and there is no reason whatever why the case should remain any longer on the docket.
The appeal is therefore dismissed.
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36 La. Ann. 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-edwards-la-1884.