Opinion
32658.
ARGUED SEPTEMBER 19, 1977.
DECIDED SEPTEMBER 28, 1977.
Armed robbery. DeKalb Superior Court. Before Judge Henley.
Millard C. Farmer, Jr., for appellant.
Randall Peek, District Attorney, Alton G. Hartley, Assistant District Attorney, Arthur K. Bolton, Attorney General, Isaac Byrd, Assistant Attorney General, for appellee.
The appellant was granted an out-of-time appeal from his armed robbery conviction. The state moves to dismiss the appeal on the ground that the appellant has escaped from custody and not been recaptured. The appellant's attorney does not controvert this. Under these circumstances, the appeal is moot and will be dismissed. See Binns v. State, 229 Ga. 120 ( 189 S.E.2d 393) (1972).
Appeal dismissed. All the Justices concur.