Dixon, In Interest of

• Decision Date: 21 November 1980
• Citation: 282 Pa.Super. 189,422 A.2d 892
• Parties: In the Interest of John DIXON, Infant. Appeal of John DIXON.
• Court: Pennsylvania Superior Court

422 A.2d 892

282 Pa.Super. 189

In the Interest of John DIXON, Infant. Appeal of John DIXON.

Superior Court of Pennsylvania.

November 21, 1980

Submitted June 13, 1980.

Charles B. Coleman, Asst. Public Defender, Reading, for appellant.

J. Michael Morrissey, Dist. Atty., Reading, for Commonwealth, participating party.

Before HESTER, CAVANAUGH and VAN der VOORT, JJ.

HESTER, Judge:

Following the submission of the within appeal, this court has been advised by the District Attorney of Berks County that the appellant is now a fugitive. This information has been verified by the Office of the Public Defender, counsel for appellant. Where an appellant is a fugitive while his appeal is pending, the appeal should be quashed. Pa.Rules of Appellate Procedure 1972; Commonwealth v. Borden, 256 Pa.Super. 125, 389 A.2d 633 (1978), wherein this court cited Commonwealth v. Galloway, 460 Pa. 309, 333 A.2d 741 (1975), in part:

"The rationale behind dismissal of an appeal while a convicted defendant is a fugitive from justice rests upon the inherent discretion of any court to refuse to hear the claim of a litigant who, by escaping, has placed himself beyond the jurisdiction and control of the court, and hence, might not be responsive to the judgment of the court. See Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876); Ruetz v. Lash, 500 F.2d 1225 (7th Cir. 1974); United States v. Swigart, 490 F.2d 914 (10th Cir. 1973); Johnson v. Laird, 432 F.2d 77 (9th Cir. 1970) ..."

For the foregoing reason, the appeal will be dismissed.