Wheeler v. State, 46369
Decision Date | 14 June 1971 |
Docket Number | No. 46369,46369 |
Citation | 249 So.2d 652 |
Parties | Johnnie H. WHEELER v. STATE of Mississippi. |
Court | Mississippi Supreme Court |
Richard E. Stratton, III, Brookhaven, for appellant.
A. F. Summer, Atty. Gen., by Velia Ann Mayer, Sp. Asst. Atty. Gen., Jackson, for appellee.
ON MOTION TO DISMISS APPEAL
Johnine H. Wheeler was convicted of murder and sentenced to life imprisonment. He perfected an appeal to this Court and the case was briefed by the attorneys. While his appeal was pending, he escaped from the county jail. His case was called at the time it was set for hearing on the merits, and he was still a fugitive. His attorney was present and prepared to orally argue the case on the merits, but the appeal is dismissed under the authority of Jones v. State, 218 So.2d 705 (Miss.1969), wherein this Court said:
The new rule is that where a person is convicted of a felony and perfects an appeal to this Court and escapes from custody pending his appeal and is still a fugitive when his case is called for hearing on the merits such action shall be deemed an abandonment of the appeal and will be subject to a motion by the State to dismiss such appeal. (218 So.2d at 706).
Appeal dismissed.
To continue reading
Request your trial-
State of Md. Deposit Ins. Fund Corp. v. Billman
...Ky. 429, 429, 224 S.W.2d 427, 427-28 (1949); Commonwealth v. Simon, 391 Mass. 1010, 1010, 461 N.E.2d 758, 759 (1984); Wheeler v. State, 249 So.2d 652, 652 (Miss.1971); Stradford v. State, 787 S.W.2d 832, 833 (Mo.App.1990); Arvey v. State, 94 Nev. 566, 567, 583 P.2d 1086, 1087 (1978); State ......
-
State v. Kearns, 15306
...1112, 97 L.Ed. 1387 (1953); Mason v. State, 440 N.E.2d 457 (Ind.1982); Weser v. State, 224 Kan. 272, 579 P.2d 1214 (1978); Wheeler v. State, 249 So.2d 652 (Miss.1971); Hardy v. Morris, 636 P.2d 473 (Utah 1981).2 In Sinclair, we concluded that attempted escape does not work a forfeiture of t......
-
D.C. v. D.C., No. 2006-CA-00320-SCT.
...225, 228 (Miss.2004); Miller v. State, 311 So.2d 348, 349 (Miss.1975); Stauffacher v. State, 299 So.2d 188 (Miss.1974); Wheeler v. State, 249 So.2d 652 (Miss.1971); Jones v. State, 218 So.2d 705, 706 (Miss.1969). of an appeal "by an appellate court after a defendant has fled its jurisdictio......
-
Wheeler v. State
...by Presiding Justice Gillespie, the supreme court determined that he had abandoned his appeal, and it was dismissed. Wheeler v. State, 249 So.2d 652, 652 (Miss.1971). Wheeler was obviously captured sometime later and eventually paroled on his life sentence.¶ 28. In Wheeler's PCR motion file......