
    176 La. 239
    STATE of Louisiana v. Charles CHAPMAN.
    No. 32151.
    Supreme Court of Louisiana.
    Jan. 3, 1933.
    B. D. Watkins, of Minden, W. Shearer Brown, of Muskogee, Okl., and Samuel E. Montgomery, of North Little Bock, Ark., for appellant.
    G. L. Porterie, Atty. Gen. (James O’Connor, Asst. Atty. Gen., Eobert F. Kennon, Dist. Atty., of Minden, and James O’Niell, Sp. Asst, to Atty. Gen., of counsel), for the State.
   ODOM, J.

Defendant was convicted of the crime of robbery, and appealed. While the appeal was pending in this court, he broke jail and escaped, and, on the day fixed for the hearing of his appeal, he was a fugitive from justice. On that ground the state has moved to dismiss the appeal.

Article 54S of the Code of Criminal Procedure reads as follows: “If the appellant be a fugitive from justice on the return day or on the day for the hearing of his appeal, the appeal will be dismissed.”

The state’s motion to dismiss the appeal must prevail. The appeal is dismissed.  