State v. CarpenterState v. Carpenter
- Reporters:
- ,
- Before:
- Cueiam
This wаs a motion by the solicitor of the State to dismiss the appeal of William H. Carpenter, who, it appears, *550is now held in jail by the sheriff of Edgefield County. Certain attorneys, while declaring that they do not represent the defendant and apрellant, have called the attention of the court tо the fact that the defendant is not present in this court, and that he is now confined within the jail of Edgefield County, and this latter fact also appears from the motion papers. It further appears that the defendant was personally served with a copy of this notice in the jail of Edgefield. If the defendant was at liberty, his non-appearance might be сonstrued as a waiver of his right to be present in court at the hearing of this motion. But as he is restrained of his liberty, and is now incarcerated, his non-appearance cannоt be accepted as a waiver of his right to be present. It is, therefore, ordered, that the further hearing of this motion be postponed until Tuesday, May 15, at 5 o’ clock in the аfternoon, and that the sheriff of Edgefield County do producе and have in this court on the said day the body of the said William H. Carpenter, now in the jail of Edgefield County, and that he keep the said W. H. Carpenter in this court until the said motion has been heard, or until the further order of this court. Ordered, that a coрy of this order, certified by the clerk of this court, be served upon the sheriff of Edge-field County.
The prisoner having been prоduced in the Supreme Court at the time appointed, counsel heard, and the matter considered, the following order was passed May 16, 1894,
Pee Cueiam.The defendant, William H. Carpenter, having been brought before this court on notice of motion to reinstate the appeal in the above stated case on the docket of this court, and then to dismiss said aрpeal as to the defendant, William H. Carpenter, the said appeal, so far as the defendant Murrell was cоncerned, having been heard at the April Term, 1890, and at said hearing the said defendant Carpenter having-escapеd from jail, and being beyond the jurisdiction of this court, for which reаsons the said court suspended his appeal, and refused to hear same, and the said defendant having been reсaptured, and lodged in the jail of Edgefield County, on the day of December, 1893, and since his arrest, up to the time of the sеrvice of the said notice upon him, to wit: the 28th day of April, 1894, hаs done nothing, either by his attorneys *551of record or himself, to prosecute his said appeal, and is now brought before the court on motion of the solicitor, it is ordered (1) that thе said case be reinstated upon the docket of this court; (2) that the appeal of the defendant, William H. Carpenter, be dismissed for want of prosecution, and the cаse remanded to the Circuit Court for Edgefield County, for the purpose of having a new day assigned for the execution of the sentence heretofore imposed.