
    April 5, 1973.
    C. A. No. 1883.
    State v. William E. Eaton.
    
      Richard J. Israel, Attorney General, Donald P. Ryan, Asst. Attorney General, for plaintiff. William F. Reilly, Public Defender, John P. Toscano, Jr., Asst. Public Defender, for defendant.
   Motion of state to dismiss the defendant’s appeal on the ground that he is a fugitive from justice is denied without prejudice to its right to renew the motion when the defendant shall again be in its custody or on or after the 1st day of October 1973, whichever shall occur' first. State v. Lewis, 110 R. I. 948, 296 A.2d 120 (1972).  