Lofton v. State , 43 Okla. Crim. 161 ( 1929 )

CHAPPELL, J.

The plaintiff in error, hereinafter called defendant, was charged jointly with Ed Penn and; J. C. Story with the crime of transporting intoxicating liquor. At the time of the trial the defendant, J. C. Story,, was a fugitive from justice and his bond was, ordered forfeited. The defendants, Burl Lofton and Ed Penn, were tried and found guilty by a jury and sentenced by the court to each pay a fine of $100' and all costs of the action taxed at $131.40, and each be confined in the county jail for a period of 60 days.

This case was tried in November, 1926, and the appeal of the defendant, Burl Lofton, was lodged in this court on the 28th day of ¡March, 1927. The Attorney General has filed a motion to dismiss the appeal on the ground that the defendant is a fugitive from justice. This motion was filed on the 9th day of November, 1927, and is supported by an affidavit made by the county attorney and sheriff of Greer county that the defendant is a fugitive from jus tice, and the motion also bears tbe affidavit of Mary A. Foley that she served a copy of tbe motion to dismiss upon C. C. Wells, attorney at law, Mangum, Okla., tbe attorney of record for the defendant in this case, by United States mail.

No response to said motion has been made. It is settled by many, decisions of this court that, where a defendant has been convicted and appeals from tbe judgment, this court will not consider bis appeal unless be is where he can be made to respond to any judgment or order of the court, but in such cases will dismiss the appeal.

Tbe appeal is dismissed.

EDWARDS, P. J., and DAVENPORT, J., concur.