Brinlee v. State

DECISION AND OPINION

BOARD, Presiding Judge.

Appellant, Garland Rex Brinlee, Jr., was convicted in the District Court of Okmul-gee County, Oklahoma, Case No. CRF-71-115 for the offense of Murder, and was sentenced to serve life in the state penitentiary. From that conviction his appeal to this Court has been perfected.

However, this Court has been advised by the Warden at the Oklahoma State Penitentiary at McAlester, Oklahoma, that on or about the 6th day of August, 1973, appellant escaped from confinement in the state penitentiary and now remains at large. This Court has long held that an appeal from a conviction will be dismissed where the accused is a fugitive from justice, or otherwise beyond the jurisdiction of the Court. See: Tyler v. State, 3 Okl.Cr. 179, 104 P. 919 (1909); Winters v. State, 31 Okl.Cr. 280, 238 P. 506 (1925); Barnard v. State, 32 Okl.Cr. 395, 241 P. 199 (1925); and Exline v. State, 48 Okl.Cr. 181, 290 P. 349 (1930).

We are therefore of the opinion that appellant’s appeal from his conviction in Case No. CRF-71-115 from the District Court of Okmulgee County, Oklahoma, should be dismissed, and the Clerk of this Court is directed to issue the Mandate Forthwith. It is so ordered.

BAILEY and BACON, JJ., concur.