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Smith v. United States

U.S.
Jan 1, 1876
94 U.S. 97 (1876)
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Summary

dismissing fugitive's criminal appeal because he was not "where he [could] be made to respond to any judgment we may render"

Summary of this case from Kupperstein v. Schall (In re Kupperstein)
See 17 Summaries

Opinion

OCTOBER TERM, 1876.

This court will refuse to hear a criminal case, unless the convicted party suing out the writ of error is where he can be made to respond to any judgment which may be rendered here.

Mr. John J. McGilvra for the plaintiff in error.

Mr. Solicitor-General Phillips, contra.

ERROR to the Supreme Court of Washington Territory.

MR. CHIEF JUSTICE WAITE delivered the opinion of the court.

It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render. In this case it is admitted that the plaintiff in error has escaped, and is not within the control of the court below, either actually, by being in custody, or constructively, by being out on bail. If we affirm the judgment, he is not likely to appear to submit to his sentence. If we reverse it and order a new trial, he will appear or not, as he may consider most for his interest. Under such circumstances, we are not inclined to hear and decide what may prove to be only a moot case.

This cause was docketed here Dec. 29, 1870. In due time a brief was filed on behalf of the plaintiff in error, and the cause has been regularly continued at every term since, no one appearing here in person to represent the plaintiff. At this term we dismissed the writ, on motion of the United States, for want of prosecution, but have since reinstated it on motion of the counsel for the plaintiff in error, who now moves to have it set down for argument. This motion we deny, and order that, unless the plaintiff in error submit himself to the jurisdiction of the court below on or before the first day of our next term, the cause be left off the docket after that time. The People v. Genet, 59 N.Y. 80; Leftwich's Case, 20 Gratt. 723; Commonwealth v. Andrews, 97 Mass. 544; see also 31 Me. 592.

Motion to set down the case for argument denied.

Summaries of

Smith v. United States

U.S.
Jan 1, 1876
94 U.S. 97 (1876)

dismissing fugitive's criminal appeal because he was not "where he [could] be made to respond to any judgment we may render"

Summary of this case from Kupperstein v. Schall (In re Kupperstein)

removing case from docket because petitioner had escaped from custody

Summary of this case from U.S. v. Awadalla

In Smith, the Court declined to entertain the petition of a criminal defendant who had escaped and remained at large when his petition arose before the Court.

Summary of this case from Pesin v. Rodriguez

removing case from docket upon discovery that petitioner had escaped from custody

Summary of this case from Empire Blue Cross v. Finkelstein

In Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876), and Bonahan v. Nebraska, 125 U.S. 692, 8 S.Ct. 1390, 31 L.Ed. 854 (1887), the Court, upon learning that plaintiff in error had escaped custody, ordered the case removed from the docket.

Summary of this case from Government of Virgin Islands v. James

announcing that court considered it within its "discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is where he can be made to respond to any judgment we may render"

Summary of this case from Sills v. State

giving a fugitive until the start of the next term to surrender or face dismissal

Summary of this case from State v. Hentges

In Smith, the Court ordered the case to be "left off the docket" if the appellant did not "submit himself to the jurisdiction of the court below on or before the first day of our next term."

Summary of this case from State v. Hentges

giving a fugitive until the start of the next term to surrender or face dismissal

Summary of this case from State v. Hentges

removing case from docket when petitioner escaped from custody

Summary of this case from State v. Gaylor

refusing to hear case of escaped defendant who remained at large

Summary of this case from Searle v. Juvenile Court for Williamson Cty

In Smith v. United States (1876), 94 U.S. 97, 1 W.T. 262, 24 L.Ed. 32, the supreme court ordered that unless the escapee submitted himself to the highest state court's jurisdiction on or before the first day of its next term, the cause would be left off the supreme court docket.

Summary of this case from State v. John

In Smith, a defendant was a fugitive at the time his petition came before the Court, and the Court dismissed the petition because there was no assurance that the outcome would be enforceable.

Summary of this case from People v. Sanabria

providing that the Supreme Court has the discretion to refuse to hear a criminal case if the defendant has escaped from custody

Summary of this case from Hua Xu v. Lam

In Smith, the Court refused to hear a criminal case where the appellant escaped from custody and was not within the control of the court below, either actually or constructively by being out on bail.

Summary of this case from Lewis v. Commonwealth

In Smith, the United States Supreme Court refused to hear a writ of error in a criminal case brought by a fugitive, reasoning that it should not be placed in a position of ruling on a case where the fugitive would decide whether to submit to the ruling: "In this case, it is admitted that the plaintiff in error has escaped, and is not within the control of the Court below, either actually by being in custody, or constructively by being out on bail. If we affirm the judgment, he is not likely to appear to submit to his sentence.

Summary of this case from People v. Kubby

In Smith v. United States, 94 U.S. 97, 24 L.Ed. 32 (1876), the Court dismissed the appeal of a convicted criminal who became a fugitive during the pendency of his appeal.

Summary of this case from Torre-Gonzalez v. Pa. Parole Bd.
Case details for

Smith v. United States

Case Details

Full title:SMITH v . UNITED STATES

Court:U.S.

Date published: Jan 1, 1876

Citations

94 U.S. 97 (1876)

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