32 La. Ann. 1017 | La. | 1880
The opinion of the Court was delivered by
In this case the defendant, Ben Wright, was tried and convicted, in the District Court of Bienville parish, of the crime of larceny, and by judgment of said court sentenced to two years imprisonment at hard labor in the penitentiary, and has taken an appeal to this Court. The District Attorney, representing the State, has filed a motion for the continuance of the case, and supports it with an affidavit, in which he declares that the prisoner'has escaped from the custody of the law, and is now a fugitive from justice, as affiant, said District Attorney, has been creditably informed. We are unable to find any precedent, in the reported cases of the Supreme Court of this State, in which a similar motion has been made or acted upon.
While the affidavit is vague and uncertain, we reasonably infer from the record that this escape has taken place since the conviction, sentence and judgment were had. We shall take cognizance of the suggestion made in his motion and affidavit by the law officer, prosecuting in the name and by the authority of -the State. While a prisoner, who has escaped the custody of the law pending his appeal, cannot by counsel prosecute his appeal, we are not prepared to say that upon a mere sug-
Disposed to recognize the correctness of this dicision and action of' the court in the case cited, we adopt the course therein presented, and it is, therefore, ordered that this case be continued until the next term of this Court, which will begin at Shreveport, on the second Monday of October, 1881, and if in the meantime the prisoner, Ben Wright, does not return to the proper custody of the law, the appeal herein will be dismissed.