Allen v. State of Georgia, No. 641

CourtUnited States Supreme Court
Writing for the CourtBROWN
Citation17 S.Ct. 525,166 U.S. 138,41 L.Ed. 949
PartiesALLEN v. STATE OF GEORGIA
Docket NumberNo. 641
Decision Date15 March 1897

166 U.S. 138
17 S.Ct. 525
41 L.Ed. 949
ALLEN

v.

STATE OF GEORGIA.

No. 641.
March 15, 1897.

This was a writ of error to review an order of the supreme court of the state of Georgia dismissing a writ of error from that court which had been sued out to reverse the conviction of the plaintiff in error for the murder of one Charles Carr.

After defendant had been convicted and sentenced to death by the superior court of Bibb county, he made a motion for a new trial, which was overruled, whereupon he sued out a writ of error from the supreme court of the state, which was assigned for hearing upon the 4th day of March, 1895. The case having been called upon that day, it was made to appear to the court by affidavits that Allen, after his conviction and sentence, had escaped from jail, and was at that time a fugitive from justice. Upon this showing, the court ordered that the writ of error be dismissed, unless he should within 60 days surrender himself to custody, or should be recaptured within that time, so as to be subject to the jurisdiction of the court, and should furnish evidence thereof by filing the same in the clerk's office.

On May 6th (which was more than 60 days thereafter) the court made a further order, in which, after stating that the plaintiff in error had not surrendered himself to custody, and furnished evidence thereof as required, and that he had not been rearrested since his escape from jail, it was ordered that the writ of error be finally dismissed.

This judgment was, on July 13, 1895, made the judgment of the superior court of Bibb county. Afterwards, Allen, having been recaptured, was, on the 25th of April, 1896, resentenced to death by the superior court, and thereupon made application to one of the justices of this court for a writ of error, which was duly granted; plaintiff assigning as error that the dismissing of his writ of error by the supreme court of the state of Georgia was a denial of due process of law.

Page 139

W. C. Glenn, for plaintiff in error.

J. M. Terrell and John R. Cooper, for the State.

Mr. Justice BROWN, after stating the facts in the foregoing language, delivered the opinion of the court.

The plaintiff in error claims that the order of the supreme court of the state of Georgia dismissing his writ of error to the superior court of Bibb county, because he had escaped from jail, and was a fugitive from justice, was a denial of due process of law, within the meaning of the federal constitution.

It appeared from the record that after the writ of error had been finally dismissed, on May 6, 1895, Allen was subsequently recaptured, and upon April 25, 1896, was resentenced to death by the court in which he had been convicted. While the

Page 140

precise question here involved has never before been presented to this court, we have repeatedly held that we would not hear and determine moot cases, or cases in which there was not at the time a bona fide controversy pending. In a similar case from the supreme court of Nebraska (Bonahan v. Nebraska, 125 U. S. 692, 8 Sup. Ct. 1390), wherein it appeared that, pending the writ of error from this court, the plaintiff in error had escaped, and was no longer within the control of the court below, it was ordered that the submission of the cause be set aside, and, unless the plaintiff were brought within the jurisdiction of the court below on or before the last day of the term,...

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131 practice notes
  • Polanski v. Superior Court, No. B217290.
    • United States
    • California Court of Appeals
    • 21 Diciembre 2009
    ...position of determining whether to submit to the court's judgment." (Kubby, supra, 97 Cal.App.4th at p. 626.) In Allen v. Georgia (1897) 166 U.S. 138, 141 [41 L.Ed. 949, 17 S.Ct. 525], the United States Supreme Court observed that if a fugitive is not barred from pursuing an appeal while ab......
  • Brinlee v. Crisp, No. 77-1689
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 1 Noviembre 1979
    ...escaped and become a fugitive from justice. Id. at 1229. It seems clear that this general principle is established. See Allen v. Georgia, 166 U.S. 138, 17 S.Ct. 525, 41 L.Ed. 949. Similar action was taken by the Supreme Court in Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d......
  • Prevot, In re, Nos. 94-5854
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 7 Septiembre 1995
    ...an appeal to it by a fugitive from a death penalty conviction. Over due process objections the Supreme Court affirmed. Allen v. Georgia, 166 U.S. 138, 17 S.Ct. 525, 41 L.Ed. 949 (1897). Accord, Brinlee v. Crisp, 608 F.2d 839, 857 (10th Cir.1979), cert. denied, 444 U.S. 1047, 100 S.Ct. 737, ......
  • Albert Twining v. State of New Jersey, No. 10
    • United States
    • United States Supreme Court
    • 9 Noviembre 1908
    ...160 U. S. 389, 40 L. ed. 467, 16 Sup. Ct. Rep. 344; Lowe v. Kansas, 163 U. S. 81, 41 L. ed. 78, 16 Sup. Ct. Rep. 1031; Allen v. Georgia, 166 U. S. 138, 41 L. ed. 949, 17 Sup. Ct. Rep. 525; Hodgson v. Vermont, 168 U. S. 262, 42 L. ed. 461, 18 Sup. Ct. Rep. 80; Brown v. New Jersey, 175 U. S. ......
  • Request a trial to view additional results
130 cases
  • Polanski v. Superior Court, No. B217290.
    • United States
    • California Court of Appeals
    • 21 Diciembre 2009
    ...position of determining whether to submit to the court's judgment." (Kubby, supra, 97 Cal.App.4th at p. 626.) In Allen v. Georgia (1897) 166 U.S. 138, 141 [41 L.Ed. 949, 17 S.Ct. 525], the United States Supreme Court observed that if a fugitive is not barred from pursuing an appeal while ab......
  • Brinlee v. Crisp, No. 77-1689
    • United States
    • United States Courts of Appeals. United States Court of Appeals (10th Circuit)
    • 1 Noviembre 1979
    ...escaped and become a fugitive from justice. Id. at 1229. It seems clear that this general principle is established. See Allen v. Georgia, 166 U.S. 138, 17 S.Ct. 525, 41 L.Ed. 949. Similar action was taken by the Supreme Court in Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d......
  • Prevot, In re, Nos. 94-5854
    • United States
    • United States Courts of Appeals. United States Court of Appeals (6th Circuit)
    • 7 Septiembre 1995
    ...an appeal to it by a fugitive from a death penalty conviction. Over due process objections the Supreme Court affirmed. Allen v. Georgia, 166 U.S. 138, 17 S.Ct. 525, 41 L.Ed. 949 (1897). Accord, Brinlee v. Crisp, 608 F.2d 839, 857 (10th Cir.1979), cert. denied, 444 U.S. 1047, 100 S.Ct. 737, ......
  • Albert Twining v. State of New Jersey, No. 10
    • United States
    • United States Supreme Court
    • 9 Noviembre 1908
    ...160 U. S. 389, 40 L. ed. 467, 16 Sup. Ct. Rep. 344; Lowe v. Kansas, 163 U. S. 81, 41 L. ed. 78, 16 Sup. Ct. Rep. 1031; Allen v. Georgia, 166 U. S. 138, 41 L. ed. 949, 17 Sup. Ct. Rep. 525; Hodgson v. Vermont, 168 U. S. 262, 42 L. ed. 461, 18 Sup. Ct. Rep. 80; Brown v. New Jersey, 175 U. S. ......
  • Request a trial to view additional results
1 books & journal articles
  • ELIMINATING THE FUGITIVE DISENTITLEMENT DOCTRINE IN IMMIGRATION MATTERS.
    • United States
    • Notre Dame Law Review Vol. 97 Nbr. 3, March 2022
    • 1 Marzo 2022
    ...Christopher N. Lasch, mentor-lawyer-teacher-friend extraordinaire. (1) See Smith v. United States, 94 U.S. 97 (1876); Allen v. Georgia, 166 U.S. 138 (2) Degen v. United Suites, 517 U.S. 820, 824 (1996). (3) Technically, the process of raising a challenge of a BIA order to the circuit courts......

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