Kirkman v. State, 29047
| Decision Date | 28 October 1953 |
| Docket Number | No. 29047,29047 |
| Citation | 114 N.E.2d 878,232 Ind. 563 |
| Parties | KIRKMAN v. STATE. |
| Court | Indiana Supreme Court |
John G. Bunner, Evansville, for appellant.
Edwin K. Steers, Atty. Gen., and Frank E. Spencer, Deputy Atty. Gen., for appellee.
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.
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State v. Hentges
...939 P.2d 866, 867–68 (App.1997); People v. Partee, 125 Ill.2d 24, 125 Ill.Dec. 302, 530 N.E.2d 460, 466 (1988); Kirkman v. State, 232 Ind. 563, 114 N.E.2d 878, 878 (1953); State v. Dyer, 551 N.W.2d 320, 321 (Iowa 1996) (per curiam); State v. Raiburn, 289 Kan. 319, 212 P.3d 1029, 1038 (2009)......
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State v. Hentges
...1966); State v. Larrea, 939 P.2d 866, 867-68 (Idaho Ct. App. 1997); People v. Partee, 530 N.E.2d 460, 466 (Ill. 1988); Kirkman v. State, 114 N.E.2d 878, 878 (Ind. 1953); State v. Dyer, 551 N.W.2d 320, 321 (Iowa 1996) (per curiam); State v. Raiburn, 212 P.3d 1029, 1038 (Kan. 2009); Crum v. C......
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...Irvin v. State, (1957) 236 Ind. 384, 139 N.E.2d 898, cert. denied, (1957) 353 U.S. 948, 77 S.Ct. 827, 1 L.Ed.2d 857; Kirkman v. State, (1953) 232 Ind. 563, 114 N.E.2d 878; Doren v. State, (1914) 181 Ind. 314, 104 N.E. 500; Sargent v. State, (1884) 96 Ind. 63. The reason for this rule was ex......
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Irvin v. State, 29407
...Stevens v. State, 1927, 26 Ohio App. 53, 159 N.E. 834; 2 Am.Jur., Appeal and Error, § 235, p. 988. We held in Kirkman v. State, 1953, 232 Ind. 563, 114 N.E.2d 878, that a defendant who escapes pending an appeal, forfeits his right to prosecute such appeal while out of the custody of the cou......