Smith v. United States, 94 U.S. 97

This court will refuse to hear a criminal case, unless the convicted party suing out the writ of error is where he can be made to respond to any judgment which may be rendered here.

Err or to the Supreme Court of Washington Territory. Mr. John J. McGrilvra for the plaintiff in error. Mr. Solicitor-G-eneral Phillips, contra.

Mr . Chie f Just ice Waite delivered the opinion of the court.

It is clearly within our discretion to refuse to hear a criminal case in error, unless the convicted party, suing out the writ, is

ere he can he made to respond to any judgment we may render. In this case it is admitted that the plaintiff in error as escaped, and is not within the control of the court below, ei er actually, by being in custody, or constructively, by being 7 on bail. If we affirm the judgment, he is not likely to ppear to submit to his sentence. If we reverse it and order a his • fla ’ e uppcar or not, as he may consider most for r 7 SUch cfrcum stances, we are not inclined to

an eci e what may prove to be only a moot case. a brief ^oo^cted here Dec. 29, 1870. In due time cause ha 6 °n °f the plaintiff in error, and the apoearin8 r^u^ar^ continued at every term since, no one ¿X ,r peraon t0 represent the At for Kim Jr“™“1 th<> °n motion of the Unitod States, of the conn but have since ^instated it on motion it set down^f °r 6 fn error, who now moves to have

vo l . iv °r ar^umeut- This motion we deny, and order p. 98that, unless the plaintiff in error submit himself to the jurisdiction of the court below on or before the first day of our next term, the cause be left off the docket after that time. The People v. Genet , 59 N. Y. 80; Leftwich's Case, 20 Gratt. 723; Commonwealth v. Andrews , 97 Mass. 544; see also 31 Me. 592.

Motion to set down the case for argument denied.