Com. v. Tomlinson

Decision Date02 April 1976
Citation467 Pa. 22,354 A.2d 254
PartiesCOMMONWEALTH of Pennsylvania v. Francis Lynn TOMLINSON, Jr., Appellant.
CourtPennsylvania Supreme Court

Appeal No. 277 January Term, 1975, from Order of Court of Common Pleas--Criminal, for Bucks County at No. 1711 of 1966; John Justus Bodley, Judge.

Gene D. Cohen, Donald C. Marino, Philadelphia, for appellant.

Stephen B. Harris, Asst. Dist. Atty., Doylestown, for appellee.

Before JONES, C.J., and EAGEN, O'BRIEN, ROBERTS, POMEROY, NIX and MANDERINO, JJ.

ORDER

And now, this 2nd day of April, 1976, whereas this Court has been informed that, subsequent to the filing and submission of briefs in the instant appeal, appellant has become and remains a fugitive from justice, it is hereby ORDERED and DECREED sua sponte that appellant's appeal is dismissed. Estelle, Director, Texas Department of Corrections v. Dorrough, 420 U.S. 534, 95 S.Ct. 1173, 43 L.Ed.2d 377 (1975); Molinaro v. New Jersey, 396 U.S. 365, 90 S.Ct. 498, 24 L.Ed.2d 586 (1970). Cf. Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975).

ROBERTS and MANDERINO, JJ., dissent.

To continue reading

Request your trial
15 cases
  • Judge v. Beard, CIVIL ACTION NO. 02-CV-6798
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 28 Noviembre 2012
    ...A.2d at 786, (citing Pa. R. A. P. 1972(6), Commonwealth v. Passaro, 504 Pa. 611, 616, 476 A.2d 346, 349 (1984), and Commonwealth v. Tomlinson, 467 Pa. 22, 354 A.2d 254 (1976)). The Court went on to review the case record and found that the evidence produced was sufficient beyond a reasonabl......
  • Judge v. Beard, Civil Action No. 02-CV-6798.
    • United States
    • U.S. District Court — Eastern District of Pennsylvania
    • 13 Marzo 2009
    ...609 A.2d at 786, (citing Pa.R.A.P.1972(6), Commonwealth v. Passaro, 504 Pa. 611, 616, 476 A.2d 346, 349 (1984) and Commonwealth v. Tomlinson, 467 Pa. 22, 354 A.2d 254 (1976) (emphasis in original)). The Court went on to review the case record and found that the evidence produced was suffici......
  • Com. v. Jones
    • United States
    • Pennsylvania Supreme Court
    • 19 Mayo 1992
    ...as provided by law; and there shall be such other rights of appeal as may be provided by law.4 Pa.R.A.P. 1972(6).5 Commonwealth v. Tomlinson, 467 Pa. 22, 354 A.2d 254 (1976).1 Trial in absentia has been approved by this Court in the unusual situation where the defendant has attempted to dis......
  • J.J., In Interest of
    • United States
    • Pennsylvania Supreme Court
    • 18 Abril 1995
    ...may be exercised upon the filing of a motion of the Commonwealth pursuant to Pa.R.A.P. 1972(6) or sua sponte. See, Commonwealth v. Tomlinson, 467 Pa. 22, 354 A.2d 254 (1976) (per curiam order entered dismissing appeal when appellant became and remained a fugitive subsequent to filing and su......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT