Opinion
34382.
DECIDED JANUARY 4, 1979.
Murder. Bibb Superior Court. Before Judge Culpepper.
Markwalter, Cook Shaffer, C. R. Cook, R. R. Markwalter, for appellant.
Arthur K. Bolton, Attorney General, W. Davis Hewitt, W. Donald Thompson, District Attorney, Willis Sparks, III, Assistant District Attorney, for appellee.
Dean was convicted of murder and sentenced to life imprisonment. The state has filed an affidavit of his jailer establishing that he escaped from confinement in the Bibb County Jail four days before the filing of his notice of appeal and has not been recaptured. This information as to his status as a fugitive is uncontroverted. The state has moved to dismiss his appeal. The motion to dismiss the appeal is granted. Gravitt v. State, 221 Ga. 812 ( 147 S.E.2d 447) (1966); Binns v. State, 229 Ga. 120 ( 189 S.E.2d 393) (1972); Griffin v. State, 239 Ga. 795 ( 239 S.E.2d 16) (1977).
Appeal dismissed. All the Justices concur.