State v. Anderson

• Decision Date: 29 November 1892
• Citation: 16 S.E. 316,111 N.C. 689
• Parties: STATE v. ANDERSON.
• Court: North Carolina Supreme Court

16 S.E. 316

111 N.C. 689

STATE v. ANDERSON.

Supreme Court of North Carolina

November 29, 1892

Appeal from superior court, Alleghany county; BYNUM, Judge.

Fields Anderson was convicted of murder, and appealed. Pending appeal, he escaped, and was still at large when his appeal was called for trial. The attorney general moved to dismiss appeal. Sustained.

Where defendants escaped before hearing in appellate court, and failed to surrender themselves within the time fixed, the writ or appeal will be dismissed.

The Attorney General, for the State.

AVERY J.

It was settled in State v. Jacobs, 107 N.C. 772, 11 S.E Rep. 962, that where a prisoner who has been convicted of a capital felony escapes from custody, and is at large when his appeal is called for trial, this court may, in the exercise of a...