Summary
In Bonahan v. Nebraska, 125 U.S. 692, 31 L.Ed. 854 (in the L.Ed. the name of plaintiff in error is erroneously given as Bohanan), the plaintiff in error was convicted of murder in a State court, which conviction was affirmed by the Supreme Court of Nebraska, and by a writ of error the cause was removed to the Supreme Court of the United States. During the pendency of the writ, plaintiff in error escaped and was not within the control of the court below.
Summary of this case from State v. WilliamsOpinion
No. 501.
Submitted October 11, 1887. Decided October 17, 1887.
A person convicted of crime in the court below having sued out a writ of error which was docketed here, and having escaped from the jurisdiction of the court below, this court declines to hear the case, and orders it removed from the docket unless the plaintiff in error comes within the jurisdiction of the court below on or before the last day of this term.
Mr. Charles O. Wheedon and Mr. C.E. Magoon for plaintiff in error.
Mr. William Leese for defendant in error.
THE case is stated in the opinion.
It appearing that during the pendency of this writ the plaintiff in error has escaped, and is not now within the control of the court below, either actually, by being in custody, or constructively, by being out on bail, it is ordered that the submission of the cause be set aside and that unless the plaintiff in error is brought or comes within the jurisdiction and under the control of the court below on or before the last day of this term the cause be thereafter left off the docket until directions to the contrary. Smith v. United States, 94 U.S. 97.