{
  "id": 8552269,
  "name": "STATE OF NORTH CAROLINA v. SEDRICK PAGE",
  "name_abbreviation": "State v. Page",
  "decision_date": "1974-11-06",
  "docket_number": "No. 7414SC705",
  "first_page": "539",
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  "last_updated": "2023-07-14T21:32:39.683180+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
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  "casebody": {
    "judges": [
      "Judges Morris and Baley concur."
    ],
    "parties": [
      "STATE OF NORTH CAROLINA v. SEDRICK PAGE"
    ],
    "opinions": [
      {
        "text": "HEDRICK, Judge.\nAfter this appeal was docketed and heard in this court, but before a decision was filed, the State, on 27 September 1974, filed a motion to dismiss the appeal on the grounds that the defendant, while serving a prison sentence for larceny imposed in a judgment entered on 15 August 1974 in Vance County, had escaped from the custody of the North Carolina Department of Correction and had become a fugitive from justice. The State supported its motion by an affidavit of Ben Baker, Supervisor of Combined Records of the North Carolina Department of Correction. Defendant\u2019s counsel filed answer to this motion.\n\u201cIn appellate courts, where questions of law. only can be reviewed, and in the absence of any statute specifically regulating the procedure, if there be satisfactory evidence that a defendant, whose appeal is founded upon exceptions entered on the trial below and has been regularly called for hearing, has escaped and is not in actual or constructive custody, it is clearly within the sound discretion of the Court to determine whether the exceptions shall be argued and passed upon, the appeal dismissed, or the hearing postponed to await the recapture of the alleged offender.\u201d State v. Jacobs, 107 N.C. 772, 774, 11 S.E. 962 (1890) (citations omitted).\nAccord, State v. Williams, 263 N.C. 800, 140 S.E. 2d 529 (1965) ; State v. Dalton, 185 N.C. 606, 115 S.E. 881 (1923) ; State v. Keebler, 145 N.C. 560, 59 S.E. 872 (1907). This principle is not only recognized in North Carolina but appears to be well recognized throughout the United States. 24A C.J.S., Criminal Law, \u00a7 1825(4), p. 488.\nAlthough this court has heard oral arguments on the defendant\u2019s appeal, we believe that the above quoted principle is sound authority upon which this court, in.our discretion, can dismiss the defendant\u2019s appeal. Furthermore, the fact that the defendant has escaped from the prison sentence imposed due to the larceny conviction and not from the judgment imposed in the instant case does not prevent the dismissal of defendant\u2019s appeal. He is still a fugitive from justice and can no longer be made to comply with any judgment we may enter. At present, compliance with any decision of this court is in the discretion of the defendant. Therefore, as was said by Chief Justice Clark in State v. Keebler, supra at 562, 59 S.E. at 873, \u201c[w]e will not deal with a defendant who is in the woods\u201d; and we will dismiss the appeal.\nAppeal dismissed.\nJudges Morris and Baley concur.",
        "type": "majority",
        "author": "HEDRICK, Judge."
      }
    ],
    "attorneys": [
      "Attorney General James H. Carson, Jr., by Assistant Attorneys General H. A. Cole, Jr., and Thomas B. Wood for the State.",
      "Edwards and Manson by Daniel K. Edwards for defendant appellant. . ."
    ],
    "corrections": "",
    "head_matter": "STATE OF NORTH CAROLINA v. SEDRICK PAGE\nNo. 7414SC705\n(Filed 6 November 1974)\nCriminal Law \u00a7 146\u2014 escape of defendant \u2014 appeal dismissed\nDefendant\u2019s appeal from a conviction of felonious possession of heroin is dismissed since defendant, who was serving a sentence imposed upon a conviction of larceny, escaped from the custody of the N. C. Department of Corrections and became a fugitive from justice.\nAppeal by defendant from Brewer, Judge, 22 April 1974 Session of Superior Court held in Durham County. Heard in the Court of Appeals on 24 September 1974.\nThe defendant, Sedrick Page, was charged in a bill of indictment with the felonious possession of heroin. From a verdict of guilty and the imposition of a prison sentence of not less than three (3) nor more than five (5) years, defendant appealed to this court.\nAttorney General James H. Carson, Jr., by Assistant Attorneys General H. A. Cole, Jr., and Thomas B. Wood for the State.\nEdwards and Manson by Daniel K. Edwards for defendant appellant. . ."
  },
  "file_name": "0539-01",
  "first_page_order": 567,
  "last_page_order": 569
}