Alleghany County NcArchives Court.....Fields Anderson, State V. 1892
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File contributed for use in USGenWeb Archives by:
Connie Ardrey n/a December 25, 2011, 6:20 pm

Source: N C Reports
Written: 1892

State v. Fields Anderson

Escape of Prisoner Convicted of a Capital Felony Pending his Appeal

When, pending an appeal of a prisoner who has been convicted of a capital 
felony, he makes his escape, the Supreme Court has power in its discretion to 
dismiss the appeal, or hear or continue it.

Indictment for murder, tried at Spring Term, 1891, of the Superior Court of 
Alleghany County, before Bynum, J.

The prisoner was found guilty of murder and there was judgment accordingly, 
from which he appealed. Pending the appeal the defendant made his escape and 
is now at large. The Attorney General moves to dismiss the appeal. 

The Attorney General for the State
No counsel for defendant

NC Supreme Court Justice Avery, J. - It was settled in State v. Jacobs, 107 NC 
772, 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 sound discretion, dismiss the appeal, hear and 
determine the assignments of error or continue to await the recapture of the 
fugitive. In the exercise of this power the appeal, on motion of the Attorney 
General is

Dismissed

Additional Comments:
In the NC Supreme Court September Term 1892

File at: http://files.usgwarchives.net/nc/alleghany/court/fieldsan2170gwl.txt

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