State v. Carter

• Court: Missouri Supreme Court
• Writing for the Court: Sherwood
• Citation: State v. Carter, 11 S.W. 979, 98 Mo. 431 (Mo. 1889)
• Decision Date: 24 June 1889
• Parties: STATE v. CARTER.

11 S.W. 979

98 Mo. 431

STATE v. CARTER.

Supreme Court of Missouri.

June 24, 1889.

CRIMINAL LAW — ESCAPE PENDING APPEAL.

Where one convicted of murder escapes from jail pending appeal, and fails to comply with an order of the court to surrender himself to abide the result of the judgment of the appellate court, the appeal will be dismissed.

Appeal from circuit court, Lawrence county; M. G. McGREGOR, Judge.

O. H. Travers, for appellant. The Attorney General, for the State.

SHERWOOD, J.

Carter, the defendant, was indicted for the crime of murder in the first degree, to-wit, the killing of one Robert Crockett. He was convicted of that offense, sentenced to be hanged, and, being confined in jail awaiting the result of his appeal, made his escape, and is still at large. The fact of his escape, etc., is shown by the affidavit of the sheriff of Lawrence county. The cause of the defendant was docketed for the last term of this court; but, he being still at large, the state, by its proper officer, moved that the appeal of the defendant be dismissed in consequence of his escape. Whereupon this court at its last term ordered that if the defendant did not, on or before the first day of this term, return and surrender himself, and thus place himself in a position to abide the result of the judgment of this court upon said appeal, that the same should be dismissed.

As this case is one of first impression in this state, it is not improper to discuss the grounds upon which the order aforesaid was made. The...