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JETT v. STATE

Court of Criminal Appeals of Alabama
Jan 26, 1971
241 So. 2d 131 (Ala. Crim. App. 1971)

Opinion

7 Div. 49.

December 15, 1970. Order Finalizing Dismissal January 26, 1971.

Appeal from the Circuit Court, Calhoun County, W. D. Debardelaben, J.

W. O. MacMahon, III, Anniston, for appellant.

MacDonald Gallion, Atty. Gen., and Lloyd G. Hart, Asst. Atty. Gen., for the State.


Rape: sentence, 99 years.

The appellant has escaped from custody. The Attorney General has moved that we dismiss his appeal.

On authority of Warwick v. State, 73 Ala. 486 (see Hammonds v. State, 44 Ala. App. 256, 206 So. 924; Ex parte Hammonds, 45 Ala. App. 468, 231 So.2d 922), Jett's appeal stands dismissed unless before the next call of the Seventh Division (Code 1940, T. 13, §§ 21 and 22), 3:00 P.M. Tuesday, January 12, 1971, the appellant has theretofore purged himself of contempt by returning to the custody of the law.

Dismissed conditionally.

ALMON, J., not sitting.

ORDER FINALIZING DISMISSAL

The time of the call of the Seventh Division having passed with appellant beyond the custody of the law, it is ordered that the conditional order of dismissal heretofore entered December 15, 1970, be and the same is made final. Hammonds v. State, 44 Ala. App. 256, 206 So.2d 924; Pace v. State, 45 Ala. App. 390, 231 So.2d 166.

Dismissed.


Summaries of

JETT v. STATE

Court of Criminal Appeals of Alabama
Jan 26, 1971
241 So. 2d 131 (Ala. Crim. App. 1971)
Case details for

JETT v. STATE

Case Details

Full title:Jesse David JETT v. STATE

Court:Court of Criminal Appeals of Alabama

Date published: Jan 26, 1971

Citations

241 So. 2d 131 (Ala. Crim. App. 1971)
46 Ala. App. 290